The paper describes the current state of the law in Scotland relating to the management of adults who do not have the ability to consent to treatment. There are important differences in the nature and content of the common law relating to this subject between Scotland and England, which are described. This is a confusing area of law, which is acknowledged to be in need of reform. The Adults with Incapacity (Scotland) Act 2000 addresses the issue. The Act is briefly described and discussed.
- Law Reform
- Common Law