The appellant, Mildred Micah, appealed two decisions of the Consent and Capacity Board.
The first decision confirmed the validity of a Community Treatment Order (CTO) issued in respect of Ms. Micah.
The second dismissed an application to review a finding that Ms. Micah lacked the capacity to consent to treatment under a Community Treatment Plan (CTP), due to a six-month time limit prescribed by the Health Care Consent Act, 1996.
The court reviewed the Board's interpretation of the time limit on a standard of reasonableness, concluding that the Board's decision was reasonable and correct, as the term "treatment" consistently includes a CTP for both review applications and time limits.
The court also found the Board's conclusion that all statutory criteria for the CTO were met to be reasonable, based on evidence that Ms. Micah would likely suffer substantial mental deterioration without the CTO.
Both appeals were dismissed.