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Adults with Incapacity - Part 5 - Medical Treatment and Research

Part 5: Medical treatment and research

Part 5 of the Adults with Incapacity (Scotland) Act 2000 allows treatment to be given to safeguard or promote the physical or mental health of an adult who is unable to consent. Special provisions apply where others such as attorneys have been appointed under the Act with powers relating to medical treatment.

Where there is disagreement a second medical opinion can be sought. Cases can also be referred to the Court of Session in certain circumstances. The Act also permits research involving an adult incapable of giving consent, but only under strict guidelines.