By MedicForest · Reviewed
Understand the topic
Consent must be voluntary and informed, and the person must have capacity for the decision. Capacity is specific to the decision and time; an unwise choice alone does not prove incapacity. In England and Wales, the assessment considers understanding, retaining, using or weighing relevant information and communicating a decision. Legal rules differ across UK nations and for children.
How to discuss it in Med interview
Support the person's understanding first, for example with an interpreter or an accessible explanation. Explore their wishes and avoid coercion. Protect confidential information, while recognising that justified disclosures may be required by law or to address serious harm. Seek senior guidance, share only what is necessary and document the reasoning. Do not promise absolute secrecy in a safeguarding situation.
Put it into words
A relative asking for an update does not automatically have permission to receive one. Check the patient's wishes and involve the clinical team. If the patient cannot make the relevant decision, use the correct legal process rather than assuming that any relative can decide for them.
Common pitfalls
Equating disability or disagreement with incapacity, treating a signature as the whole consent process, or applying one nation's law to every UK scenario.
Official sources and further reading
Reviewed 2026-09-08. Check the linked guidance for changes before discussing current policy or law.