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Appeal from Consent and Capacity Board dismissed; capacity to consent to a Community Treatment Plan includes appreciating its therapeutic aspects.
The appellant appealed a decision of the Consent and Capacity Board upholding a finding that he was incapable of consenting to a Community Treatment Plan and confirming a Community Treatment Order.
The appellant argued that his capacity to consent to the plan should be assessed based only on his understanding of its administrative consequences, separate from his incapacity to consent to antipsychotic medication.
He also argued that the likelihood of substantial mental deterioration required for an order must occur within its six-month lifespan.
The Superior Court dismissed the appeal, holding that the therapeutic aspects of a plan cannot be ignored in the capacity test, and that the legislation does not require a precise temporality of within six months for the likelihood of mental deterioration.
Appeal from Consent and Capacity Board dismissed; finding of incapacity to consent to treatment upheld.
The appellant appealed a decision of the Consent and Capacity Board confirming her incapacity to consent to a Community Treatment Plan and upholding the issuance of a Community Treatment Order.
The court first determined that although the CTO had expired, the appeal was only partially moot and should be heard on the merits.
Applying the palpable and overriding error standard of review, the court found no error in the Board's dismissal of preliminary motions regarding the procedural requirements of the CTO.
The court also upheld the Board's finding that the appellant lacked capacity to consent to treatment, as she was unable to appreciate the reasonably foreseeable consequences of her treatment decisions.
The appeal was dismissed.
