Legally Untreatable — A New Category of Long Stay Patient? *

The case is presented of a young and violent chronic schizophrenic patient whose symptoms respond to antipsychotic medication but who was recorded, at a time when he was deemed competent, as expressing a wish that he should not be given antipsychotic treatment. Under the present usage of the Ontario Mental Health Act, substitute consent givers are bound by such a “prior competent wish” and this patient must now be considered one of a growing group of “legally untreatable” psychotic patients.