A physician brought a motion under s. 19(2) of the Health Care Consent Act, 1996 seeking authorization to administer antipsychotic and related medications to a psychiatric patient pending the disposition of an appeal from a Consent and Capacity Board decision finding the patient incapable of consenting to treatment.
The patient opposed treatment and had appealed the Board’s incapacity determination.
The court considered whether the statutory criteria for interim treatment were satisfied, including whether the treatment would substantially improve the patient’s condition, whether deterioration would occur without treatment, whether the benefits outweighed the risks, and whether the proposed plan was the least restrictive alternative.
Based on medical evidence of severe deterioration, violent incidents, and the likelihood of improvement with medication, the court found all criteria met.
The physician was authorized to administer the proposed medications pending the final determination of the appeal.
