Nursing home resident fails in bid to live in own house

A NURSING home resident with lifelong epilepsy who is appealing to be allowed to go home has been made a ward of the court by the president of the High Court

The man who is in his mid-60s was opposing a HSE application to have him made a ward of court. The man had made the appeal to the court to be allowed return to his own home.

According to RTÉ News, he argued that he liked to walk into his home village and visit his mother’s grave.

Judge Peter Kelly travelled to a nursing home in a rural area last week to hear the man’s case.

In a reserved judgment, the judge said yesterday that during a twohour hearing in the nursing home, and in a number of hearings prior to that, the court had heard what he described as ‘a clash of medical evidence’ regarding the man’s capacity to look after himself.

Judge Kelly said that because of this, while taking the man into wardship, the court would be open to new medical and psychiatric assessments being made in six or 12 months’ time to review its decision.

The court appointed the general solicitor for minors and wards to act as the man’s committee, which will be responsible for following court guidelines with regard to the man’s treatment and financial affairs.

Judge Kelly took the unusual decision to hear the man’s appeal in the nursing home after he was told by the man’s treating doctor that the stress of court proceedings in a formal setting could trigger a seizure.

The visiting court had heard conflicting views about whether the man had the necessary mental capacity to make decisions affecting his health and finances.

A treating consultant geriatrician and court-appointed medical visitor, who is also a consultant psychiatrist, said the man lacked capacity. Two consultant geriatricians who assessed him in May disagreed and believed he had capacity.

The court heard that the man had been admitted to hospital multiple times and had become malnourished when living alone at home.

Sage, the Support and Advocacy Service, expressed deep disappointment. ‘It is truly saddening that the High Court… should take the view that it is better that a vulnerable person be held in custody in a congregated care setting … rather than challenge them to organise basic and necessary home care services,’ said the group.