The appellant appealed a Consent and Capacity Board decision finding him incapable of making treatment decisions regarding antipsychotic and ancillary side effect medications.
The appellant argued the Board erred in finding that the reasonably foreseeable consequences of the treatment were that his condition would improve, and erred in finding him incapable regarding ancillary medications without specific evidence.
The Superior Court of Justice dismissed the appeal, holding that the Board's findings were reasonable and supported by the psychiatric evidence.
The court also confirmed that under section 23 of the Health Care Consent Act, a finding of incapacity for a primary treatment extends to necessary and ancillary treatments, including side effect medications.
