Court orders man with dementia be moved from his home to community nursing unit
A man with advanced dementia who was moved by court order earlier this month from his home to a community nursing unit because of concerns for his health and safety is to be transferred to a nursing home.
Doctors had decided, for reasons including the coronavirus crisis and issues related to the man's health, he should not attend the recent wedding of a close family member, High Court president Mr Justice Peter Kelly was told today.
The HSE on March 6th sought court protection for the man, aged in his fifties, over concerns including he had been found wandering the roads in a dishevelled state, eating soil and dog faeces, and had once gone missing from his home overnight.
He was diagnosed with dementia in 2018 and his siblings, neighbours and GP raised concerns last year for his safety and well being, the court heard.
He was said to have gone missing from his home on one occasion from about 6pm to 5.30am when he was found about 10kms away.
On other occasions, he was seen wandering the roads sometimes 10-15 kms from his home, had almost been hit by a bus once and was seen eating soil and dog faeces.
His personal hygiene and living conditions were described as poor and his GP and psychiatrist considered he lacks capacity and requires 24-hour care and supervision.
Mr Justice Kelly granted orders on March 6 for the man's removal from his home, where he lives with his wife, to a community nursing unit.
This was a “distressing” case and the evidence was the man’s wife seemed to have no insight into the severity of his condition and has effectively disengaged from the HSE and mental health services, the judge said.
When the case returned before the court today, Catherine Duggan BL, for the HSE, said the man, with the assistance of gardaí, had been placed in the community nursing unit.
That transfer went smoothly but issues had since arisen including about aggression and agitated episodes.
There have been meetings with doctors, nursing unit staff and the man's wife and other family members to discuss his needs and the fair deal scheme and it was proposed he be moved to a nursing home with dementia specific facilities, counsel said.
An assessment concerning whether he could attend the wedding of a family member and it was considered, for health and safety reasons and in light of the coronavirus criss, he should not and he had not done so, counsel said.
A guardian ad litem appointed to represent the man's interests supported the nursing home proposal, the court heard.
Mr Justice Kelly said, based on the uncontroverted medical evidence before the court, he would make orders for the man's move to the nursing home, to be effected when his treating team consider that is appropriate.
In the interim, he continued orders that the man remain in the nursing unit and receive all appropriate care and treatment.
The judge adjourned the matter to late May for further review but said, if the coronavirus situation is continuing then, that date could be vacated, on application by email to the wards of court registrar, with the orders continuing.
Four other matters in the court's wardship list today were dealt with remotely, by consent.
