Appeal from a Consent and Capacity Board decision finding the appellant incapable of consenting to psychiatric treatment while detained after an NCR finding.
The court held that the Board properly applied the governing capacity test under the Health Care Consent Act, including the requirement that a patient recognize the possibility of being affected by the manifestations of a mental condition, without impermissibly equating mental disorder with incapacity.
The court further held that the Board’s findings were supported by corroborated documentary and viva voce evidence of paranoid delusions, auditory hallucinations, and lack of insight.
Although the Board’s reasons were imperfect, they were sufficient when read in light of the evidentiary record, submissions, and process.
