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Adults with Incapacity Act

7 August 2013

A reminder that we (and the Scottish Government) consider that a section 47 certificate for medical treatment does NOT give the authority to convey the adult to hospital.

If transfer to hospital appears necessary for an adult who lacks capacity to decide on care and refuses admission, common law, emergency detention or a warrant for removal could be used depending on the circumstances. See our Right to Treat guidance document for more on this.

For more on our concerns about medical treatment under part 5 of the 2000 Act, read our recent report.