The HSE has sought court protection for a man with advanced dementia after he was seen wandering the roads in a dishevelled state eating dog faeces and who once went missing from his home overnight.
High Court president Mr Justice Peter Kelly granted orders on Friday for the man’s removal from his home to a community nursing unit with a view to his onward move to a nursing home.
This was a “distressing” case and the evidence was the man’s wife seems to have no insight into the severity of his condition and has effectively disengaged from the HSE and mental health services, the judge said.
He was told the man’s siblings, who live nearby, supported the HSE’s ex-parte application for a range of orders sought in the context of proceedings seeking to have the man, aged in his late fifties, made a ward of court.
The man’s wife did not support the proposed move to a nursing home, the court heard.
The man was diagnosed with dementia in 2018 and his siblings, neighbours and GP has 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 10km away. His wife had not reported he was missing, it was stated.
On other occasions, he was seen wandering the roads sometimes 10-15 km 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.
His GP had raised the situation with the man’s wife several times but she appeared “distant” and to be concerned her husband would become angry if he was not let do as he wished, Mr Justice Kelly said.
He noted the GP and psychiatrist both took the view the man lacks capacity. The GP had said he had first shown signs of dementia in 2018 and it had quickly progressed.
The evidence was the man’s living conditions are poor and his home is cold and damp and it did not appear to be a place where meals were prepared, the judge said.
The man’s wife appeared to have disengaged from any form of services offering help and there was no evidence she herself lacks capacity or has some form of psychiatric condition, he said.
He made orders permitting the man be removed from his home, with Garda assistance if necessary, to a community nursing unit with a view to a later move to a nursing home.
The judge also directed a court medical visitor to assess the man’s capacity in the context of a wardship inquiry. A guardian ad litem was also appointed to represent the man’s interests.
Earlier, counsel for the HSE said it was alerted to safeguarding concerns about the man in late 2019, including about neglect and poor supervision and care. A principle issue was that the man’s wife had disengaged from dealing with services.
His siblings are very concerned but are not themselves in a position to provide such full time care, counsel added.
