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

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A daughter presents a registered Lasting Power of Attorney (LPA) for Health and Welfare for her 80-year-old mother who has mild dementia. The mother retains capacity to consent to a minor skin biopsy. Who has the legal authority to grant consent for the procedure?

The daughter, because a registered Health and Welfare LPA grants absolute decision-making power. The patient herself, because a Health and Welfare LPA only takes effect when the donor lacks capacity for the specific decision. The lead clinician and daughter jointly, acting as a statutory best-interests committee. The Court of Protection, because any conflict between donor and attorney requires judicial review.

Correct Answer:

The patient herself, because a Health and Welfare LPA only takes effect when the donor lacks capacity for the specific decision.

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