Woman with dementia should be detained in hospital for her own safety, court told
High Court reporters
A woman with dementia living in a house with dog faeces and urine should be detained in hospital to protect her health and life, the High Court has heard.
Lawyers for the Health Service Executive (HSE) on Thursday told the court the woman, who is in her 70s, was not coping living alone in her rural home since her husband died.
Barrister Donal McGuinness, instructed by St John Solicitors, said she was neglecting herself, had a tendency to wander and was at “high risk of misadventure”.
He said she was last month admitted to hospital for matters relating to her dementia. She is “very unhappy” about being there but the evidence shows she needs to stay to protect her life and health, he said.
The woman has displayed “exit-seeking behaviour” and it “seems vital that she should not be allowed to leave”, said Mr McGuinness. However, he agreed with the judge that “distraction” techniques are for now effective in preventing her from exiting.
The court heard a consultant geriatrician and another doctor agree she lacks the mental capacity to make decisions in her best interests.
In an affidavit, a social worker said the woman was at risk of self-neglect, including in relation to nutrition, potential hypothermia and taking medication. The social worker said dog faeces and urine have been discovered in the woman’s home.
She said the woman’s physical and mental health have improved since she has been in hospital and her compliance with her medications has led to much better management of her dementia and anxiety.
However, she is now asking to leave the unit and has packed her bags but is unsure how to find her way home, the social worker said. The woman had no children and does not keep in touch with her siblings, the court was told.
The social worker said all efforts to enable the woman to live at home have been exhausted.
Ms Justice Emily Egan made orders appointing solicitor Joan Doran as the woman’s advocate in court.
She said she was not comfortable giving the HSE powers to detain the woman at the hospital without the woman’s viewpoint being canvassed via Ms Doran. The judge noted the “distraction techniques” being deployed by the hospital appear to be working.
The case returns to court next Wednesday when the court will hear the woman’s views expressed through Ms Doran and the application for detention can be made again.
The HSE wants an order permitting the hospital to detain the woman so she can receive necessary medical and psychiatric treatment. It is seeking another order that allows gardaí to search for and return the woman if she absconds.
