The appellant, R.K., appealed three rulings of the Consent and Capacity Board (CCB).
The CCB found that R.K.'s power of attorney for personal care did not confer the necessary authority to his friend W.D. to give or refuse consent to treatment, that R.K. was incapable of making treatment decisions for schizophrenia, and that appointing W.D. as his representative was not in R.K.'s best interests.
The Superior Court of Justice, applying a reasonableness standard for facts and mixed law/fact and correctness for extricable law, upheld all three CCB rulings.
The court affirmed the CCB's interpretation of the Health Care Consent Act, 1996 regarding the scope of powers of attorney, R.K.'s inability to appreciate the foreseeable consequences of refusing antipsychotic medication, and W.D.'s unsuitability as a representative due to his views on conventional medicine.