IN THE MATTER OF E.R (Mental Health and Guardianship and Management of Property) [2015] ACAT 73 addressed the interplay between the making of a guardianship order for a person and that persons later capacity to give lawful consent to medical (psychiatric) treatment.

The Tribunal found that the making of a guardianship order did not mean that the person could not give lawful consent to medical (psychiatric) treatment.

However in this particular matter, the Tribunal found that the person did not have capacity from time to time to consent to psychiatric treatment.

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