The appellant physician appealed a Consent and Capacity Board decision that rescinded the respondent's involuntary psychiatric admission.
The respondent had revoked his power of attorney while involuntarily detained, making his estranged wife his substitute decision maker instead of his mother.
The physician, believing the respondent lacked capacity to revoke the power of attorney, relied on the mother's consent to continue the detention.
The Board found it lacked jurisdiction to determine capacity to revoke a power of attorney and that the physician could not unilaterally disregard the revocation without a formal assessment under the Substitute Decisions Act.
The Superior Court dismissed the appeal, holding that the Board's decision was correct and that the physician should have sought the wife's consent or brought a Form G application if she refused.
