Nursing and Midwifery Council (NMC) CBT Practice Test

The Mental Capacity Act (2005) is the correct legislation to refer to when addressing the needs of a patient who lacks the capacity to make decisions. This Act provides a framework for how to assess an individual's capacity, ensuring that any decisions made on behalf of individuals are in their best interests and protect their rights.

The Act applies to adults who may have impaired decision-making capabilities due to various reasons, such as mental health conditions, brain injuries, or other factors affecting cognitive function. It outlines processes for assessing capacity, making decisions for those who cannot make decisions themselves, and emphasizes the importance of supporting individuals to make their own decisions whenever possible.

The other options, while relevant to various aspects of health and social care, do not specifically address the processes and principles related to decision-making capacity. For instance, the Health and Social Care Act (2012) focuses more on the structures and funding mechanisms for health services rather than individual capacity issues. The Carers (Equal Opportunities) Act (2004) pertains to the rights of carers and does not specifically cover mental capacity issues. Thus, the Mental Capacity Act (2005) is the crucial piece of legislation in the context of this question.