40(1)Where medical evidence at the hearing discloses that a neglected adult or an abused adult requires treatment in a hospital facility the court may include in an order made under subsection 39(1) an order for hospitalization.

40(2)At any time pending the final determination of an application for an order under subsection 39(1), the court may order the removal of the person in respect of whom the order is sought to a hospital facility or other place without delay if a medical practitioner certifies that, in his opinion, it is necessary to do so in the interests of the person’s health.