Mental incapacity and consent to treatment: the Scottish experience

The paper describes the current state of the law in Scotland relating to th e 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 la w relating to this subject between Scotland and England, which are describe d. 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.