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Assessing a patient's capacity to consent

Learn how to assess patient capacity with confidence in this DDU webinar. Get practical guidance on legal, ethical, and communication aspects tailored for dental professionals.

25 February 2026

Length: 1h

Assessing a patient's capacity to consent

Learn how to assess patient capacity with confidence in this DDU webinar. Get practical guidance on legal, ethical, and communication aspect

Watch on-demand for free and please complete this short test to download your quality assured one-hour CPD certificate.

Aim

  • To discuss the importance of assessing the ability of a patient to consent to treatment and the steps to take if you decide the patient lacks capacity to consent.

 

Objectives

  • To understand the importance of obtaining consent for any treatment.
  • To appreciate how to assess if a patient lacks the capacity to consent.
  • To explore the steps to take if you have decided that a patient lacks the capacity to consent.

 

Learning outcomes

  • By the end of the webinar the participant should have a greater awareness of the methods of assessing if a patient lacks capacity to consent.

 

This page was correct at publication on 25/02/2026. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.

Webinar Q&A

What do we do if a DNR is in place and a patient has a medical emergency?

If you are working in a primary dental care setting, the safest way to proceed is to provide the urgent care required in a medical emergency. It is highly unlikely that a dental professional will have immediate access to the up-to-date medical records for a patient so you might not know if a 'Do not resuscitate' request from a patient is valid or has been removed. Also, you might not know the precise details of the request. For example, has a patient refused all life sustaining treatment, including the administration of adrenaline if they have an anaphylactic reaction, or have they refused certain, specific interventions.

Is it OK not to treat a large carious lesion because a patient is reluctant to have any care?
You need to decide what you think is reasonable and then provide the patient with all the information about the advantages and disadvantages of each of the reasonable options. If you think providing no treatment is reasonable, you should explain all the consequences of not proceeding with treatment to the patient so they can make an informed choice. If you think it is inappropriate to provide no treatment but the patient requests that you do not proceed, it is prudent for you to explain the possible consequences of not proceeding. However, the patient can choose to make an unwise decision if they have enough information to make an informed decision.
Should written consent be provided to show the patient understood and agreed the treatment plan?
You must have written consent if you are providing treatment under sedation or general anaesthetic. It is not mandatory to have written consent for any other treatment. However, providing patients with written information about the different options and the discussions you had can be helpful to remind a patient of the discussion, especially for a patient who has any issues with memory loss. This written information can be a consent form, but getting a patient to sign it does not prove that they understand it.
Can patients with ADHD or with spectrum of autism consent for their treatment?
You should assume that any patient aged 16 or more can consent until you prove they can't. This includes people with ADHD and autism. It is possible that some patients with ADHD or autism might not be able to consent, but you should not assume that they cannot just because of their diagnosis.
Do we need to fill a Consent Form 4 for capacity assessment and best interest decision for patient with learning disabilities?
A Consent Form 4 is more commonly used in a hospital or community setting when treatment decisions are being made in an adult patient's best interest, due to the patient lacking capacity to make the decision themselves. It is usually completed by the decision maker.
If a patient has a power of attorney in place, would you still need to have evidence to prove the patient lacks capacity to consent before consulting the power of attorney?
The short answer is yes. The attorney can only make decisions on behalf of a patient when that patient lacks the capacity to consent.
What are the key differences between the mental capacity act 2005 and the Adults with incapacity (Scotland) act 2000?
The key differences are set out in this article on our website.
Can older siblings, grandparents of even the Matron of a boarding school give consent for a patient under the age of 16?
Someone who has parental responsibility can delegate the authority for consenting to another appropriate adult. The person they delegate this to must be over 18. However, it is sensible to try and involve the parent in the decision making whenever possible.