4.5 Who can complete the Certificate of Incapacity

No one is able to give consent to the examination or treatment of an adult who is unable to give consent for him or herself (an “incapable” adult) unless they have the relevant powers under the Adults with Incapacity Act, as amended by the Smoking, Health and Social Care (Scotland) Act 2005 .

The following health professionals may issue a certificate giving authority to carry out medical treatment:

  • a medical practitioner
  • a dental practitioner, ophthalmic optician or registered nurse who has satisfied prescribed requirements
  • any other member of a healthcare profession which the Minister may prescribe in regulations who has satisfied prescribed requirements.

However, the certificate issued by healthcare professionals other than medical practitioners are only valid within their own area of practice e.g. a dentist can only authorise dental treatment.