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Mythbusters: Urgent medical treatment
Myth 1:
Urgent treatment cannot be provided to a person without capacity unless a substitute decision-maker consents.
No.If a person does not have capacity, and it is not possible to obtain consent from the person’s substitute decision-maker, the law allows treatment to be given without consent if it is needed urgently to save a person’s life, prevent serious damage to health, or prevent significant pain and distress.
Myth 2:
A health professional can provide urgent treatment to a person with capacity without their consent.
No. If a person has capacity, a health professional or personal care worker should obtain consent from the person prior to providing that treatment, even in an emergency situation.
Myth 3:
If a person does not have capacity and requires treatment urgently in hospital to save their life, a health professional or personal care worker must arrange to transfer them to hospital for treatment
No. A person is able (when they have capacity) to refuse treatment, including life-sustaining treatment, even if it will result in their death. A person is also able to refuse to go to hospital if they do not want to receive treatment.
If a person does not have capacity, a decision about transfer will depend on:
- whether the person’s preferences about hospital transfer or treatment are known (e.g. documented in an Advance Care Directive, or previously stated), or
- if they have a substitute decision-maker, the decision of that person.
If the person without capacity has previously decided they do not want to receive treatment, their decision should be respected.
If it is not possible to obtain consent to treatment from either a person or their substitute decision-maker, the law allows treatment to be given urgently to save the person’s life, prevent serious damage to health, or prevent significant pain and distress. In this case a hospital transfer may occur if it is necessary to enable the person to receive treatment (so long as they haven’t previously refused being transferred to hospital).
Page updated 24 September 2026
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