Who can give valid consent for a patient who lacks capacity?

• A. The patient
• B. A family member without authorization
• C. A nurse
• D. A legally authorized representative

Answer: (D)

When a patient cannot understand or communicate about care, valid consent must come from someone who has the legal authority to decide for that patient. That person is a legally authorized representative, such as a durable power of attorney for healthcare, a court-appointed guardian, or a designated surrogate in an advance directive. This surrogate should base decisions on the patient’s known wishes, values, and best interests if those wishes aren’t known.

The patient themselves cannot provide valid consent if they lack capacity. A family member without authorization or a nurse does not have the legal authority to consent on the patient’s behalf.