2 total
Appeal from Consent and Capacity Board dismissed; finding of incapacity and Community Treatment Order upheld.
The appellant appealed two decisions of the Consent and Capacity Board confirming a Community Treatment Order and upholding a finding of incapacity to consent to treatment with antipsychotic medications.
The Superior Court of Justice applied the palpable and overriding error standard of review to the Board's factual findings.
The court found ample evidence supporting the Board's conclusions that the appellant lacked sufficient insight to appreciate the reasonably foreseeable consequences of his treatment decisions and that he would suffer substantial deterioration without the CTO.
The appeals were dismissed.
Appeal of Consent and Capacity Board decision dismissed as moot following the incapable person's death.
The appellant, acting as substitute decision-maker for her husband, appealed a decision of the Consent and Capacity Board regarding his treatment plan.
Before the appeal could be decided, the husband passed away.
The court applied the test for mootness from Borowski and determined that the appeal was moot because there was no longer a live controversy between the parties.
The court declined to exercise its discretion to hear the moot appeal, finding that the issues were highly fact-specific and raised no questions of public importance.
The appeal was dismissed.
