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

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Under Section 1 of the Mental Capacity Act 2005 (England & Wales), which of the following represents a core statutory principle when evaluating an adult's decision-making capacity?

A person must be presumed to lack capacity if they make an eccentric or unwise decision. A person must be assumed to have capacity unless it is established that they lack capacity. A healthcare professional may declare lack of capacity based solely on a diagnosis of severe dementia. Best interests decision-making supersedes the requirement to assess capacity in non-emergency settings.

Correct Answer:

A person must be assumed to have capacity unless it is established that they lack capacity.

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