Diploma Of Legal Medicine Practice Questions - Diploma Of Legal Medicine (DLM FFLM) Exam

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A 72-year-old woman with mild vascular cognitive impairment refuses a recommended elective hip replacement. When performing the two-stage functional test of capacity under the Mental Capacity Act 2005, which requirement must be demonstrated to establish incapacity?

The patient is unable to retain information for at least 24 hours post-consultation. The patient's inability to make the decision is directly caused by an impairment of, or disturbance in the functioning of, the mind or brain. The patient fails to agree with the consensus medical opinion regarding surgical benefit. The patient has been formally declared incapable by a court-appointed Deputy prior to the consultation.

Correct Answer:

The patient's inability to make the decision is directly caused by an impairment of, or disturbance in the functioning of, the mind or brain.

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