The appellant appealed a decision of the Consent and Capacity Board confirming the renewal of a Community Treatment Order (CTO) and a finding of incapacity to make decisions about his antipsychotic medications.
The court upheld the Board's finding of incapacity and the validity of the CTO, finding no palpable and overriding error in the Board's assessment of the appellant's inability to appreciate the foreseeable consequences of discontinuing medication.
However, the court found an error in the Community Treatment Plan (CTP) by not accounting for COVID-19 public health restrictions.
The CTP was amended to allow for flexible meeting formats (videoconference, teleconference, or in-person) at the discretion of the respondent physician, considering public health and the appellant's needs.
