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Click here for the full text of this decision FACTS:At the time of appeal, the appellant, E.T., was under an order for temporary mental health services. E.T. challenges the trial court’s findings that she lacked the capacity to make a decision regarding the administration of the psychoactive medication and that the treatment was in her best interest. At the medication hearing, the only evidence before the trial court was the testimony of E.T.’s treating physician and a brief statement by E.T. Neither the state nor E.T.’s attorney questioned either the physician or E.T.; instead, the trial court conducted the entire examination. HOLDING:Reversed and rendered. The court affirms E.T.’s first issue challenging the legal and factual sufficiency of the evidence in favor of the district court’s order authorizing the compelled administration of psychoactive medications. A trial court may issue an order authorizing the administration of one or more classes of psychoactive medications if the court finds by clear and convincing evidence that: 1. the patient is under an order for temporary or extended mental health services; 2. the patient lacks the capacity to make a decision regarding the administration of the proposed medicine; and 3. treatment with the proposed medicine is in the best interest of the patient. Texas Health & Safety Code �574.106(a). Capacity is defined as a patient’s ability t 1. understand the nature and consequences of a proposed treatment, including the benefits, risks, and alternatives to the proposed treatment; and 2. make a decision whether to undergo the proposed treatment. In deciding whether to authorize psychoactive medication, the trial court shall consider: 1. the patient’s expressed preferences regarding treatment with psychoactive medication; 2. the patient’s religious beliefs; 3. the risks and benefits, from the perspective of the patient, of taking the psychoactive medication; 4. the consequences to the patient if the psychoactive medication is not administered; 5. the prognosis for the patient if the patient is treated with the psychoactive medication; and 6. alternatives to treatment with psychoactive medications. The court finds that nothing in the Texas Health and Safety Code relating to court-ordered psychoactive medication authorizes a judge to base his findings on the physician’s application. Pleadings, such as the physician’s application here, are not evidence that the statutory standard has been met. The court finds that no evidence was offered to support, and nothing in the record does support, a finding that E.T. lacked capacity or that the proposed treatment was in her best interest. Nor is there any testimony from the physician, which the court “shall consider,” on the consequences to E.T. if the psychoactive medication is not administered; the prognosis for E.T. if she is treated with psychoactive medication; or the alternatives to treatment with psychoactive medication. The only evidence in the record related to the issue of capacity came from E.T. herself when she explained she took 200 milligrams, instead of the prescribed 600 milligrams, because the seroquil was too strong, it caused her to stagger, and gave her heart palpitations, nausea and dizziness. Finally, a patient is entitled to “oral notification, at the conclusion of the hearing, of the court’s determinations of the patient’s capacity and best interest.” The trial court provided no such notification. The court concludes that the evidence is legally insufficient to support the trial court’s findings that E.T. lacked the capacity to make a decision regarding the administration of the proposed medication and that the treatment with the proposed medication was in E.T.’s best interest. OPINION:Marion, J., Lopez, CJ, Stone and Marion, JJ.

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