The appellant appealed a decision of the Consent and Capacity Board confirming a physician’s finding that she was incapable of consenting to psychiatric medication.
The appeal alleged that the Board misapplied the statutory test for capacity under the Health Care Consent Act and that its findings lacked evidentiary support.
The court applied the standards of correctness for legal questions and reasonableness for factual or mixed questions.
It held that the Board properly applied the two‑part capacity test and reasonably concluded that the appellant could understand information about the treatment but could not appreciate the foreseeable consequences of refusing medication.
The evidentiary record, including physician testimony and clinical progress notes, supported the Board’s conclusion.
The appeal was dismissed.
