1.1 Treatment without valid consent is potentially an assault. In most cases gaining valid consent is straight forward, as most patients are clearly able to understand the information presented.
1.2 Where this is not the case, there is a problem because nobody else, not even the next of kin, can give consent on behalf of an adult who lacks capacity (this is different for children).
1.3 It is important that all doctors have a clear understanding of the relevant issues relating to Capacity to Consent to treatment and how to assess the patient’s capacity to make decisions, especially in respect of consent to treatment. If you have any concerns about your ability to adequately assess capacity to consent you must involve a senior colleague