S.S. appealed a decision of the Consent and Capacity Board that found her incapable of consenting to treatment with antipsychotic medication.
S.S. argued the Board applied an incorrect legal test by focusing on her best interests and failed to consider evidence supporting her capacity.
The court dismissed the appeal, finding the Board correctly applied the legal test, which requires assessing a patient's ability to understand information and appreciate the reasonably foreseeable consequences of their decision, not whether they act in their best interests.
The court also found no palpable and overriding error in the Board's assessment of the evidence regarding S.S.'s capacity to appreciate the consequences of refusing treatment, despite her understanding of medication side effects.
