The appellant appealed a decision upholding a Consent and Capacity Board finding that she was incapable of consenting to psychiatric treatment.
The appellant argued that her symptoms were caused by physical ailments rather than a mental condition, and that the Board misapplied the test for capacity from Starson v. Swayze.
The Court of Appeal dismissed the appeal, finding that the Board applied the correct legal test and reasonably concluded that the appellant was unable to appreciate the consequences of refusing treatment because she could not recognize the possibility that she was affected by a mental condition.
