An 83-year-old woman in a care home with CFS 6 and advanced dementia has a DNACPR and no advance decision. Her estranged son arrives claiming to be ne...

Question

An 83-year-old woman in a care home with CFS 6 and advanced dementia has a DNACPR and no advance decision. Her estranged son arrives claiming to be next of kin and demands she be discharged home against clinical advice. She lacks capacity. What is the legal status of next of kin?

Accepted Answer

Next of kin has NO legal decision-making authority under the MCA 2005 - decisions must be made in best interests by the clinical team

Answer

Full legal decision-making authority

Answer

Overrides clinical team in all cases

Answer

Must be consulted and always followed

Answer

Can discharge at any time

uk-dgm MCQ (SBA): Next of Kin - No Legal Authority

An 83-year-old woman in a care home with CFS 6 and advanced dementia has a DNACPR and no advance decision. Her estranged son arrives claiming to be next of kin and demands she be discharged home against clinical advice. She lacks capacity. What is the legal status of next of kin?