Elderly woman with dementia detained in hospital due to safety concerns

An elderly woman with dementia is to be detained in hospital by High Court order due to fears for her safety and welfare if she returns home.

The HSE secured the orders from High Court president Mr Justice Peter Kelly on Tuesday pending the outcome of a petition seeking to have the woman made a ward of court.

The judge was told the woman, aged in her 80s, is an inpatient at the hospital and had made frequent attempts in recent days to leave and return home. She succeeded in leaving on one occasion but was returned to the hospital by gardaí, counsel for the HSE said.

She was admitted to hospital on two previous occasions from last September after which, arising from her strong wish to go home, she was discharged with supports. Those were failed discharges and safeguarding concerns arose, the court was told.

The woman was readmitted to hospital after one discharge with a facial injury and she had also made allegations of physical and financial abuse against a son of hers. Welfare workers who visited her home found there was no food there or her medications. The woman was also experiencing hallucinations.

Unsound mind

The woman was previously diagnosed with moderate cognitive impairment but a more recent formal capacity assessment concluded that she is of unsound mind and incapable of making relevant decisions concerning her person and finances.

A consultant geriatrician had said the situation is “urgent” because the woman is seeking daily to leave hospital. It was considered her medical condition had deteriorated to such an extent that discharge was no longer safe due to the risk that presented and that led to this ex parte (one side only represented) application.

Other concerns included that the son suspected of physically and financially abusing her may seek to remove her from hospital. Her adult children disagree about a proposed care plan with some supporting it and others opposing it, the judge was told. A patient advocate had also been appointed to represent her interests.

Mr Justice Kelly said he was satisfied to make the detention and treatment orders sought. He directed that an independent medical doctor should visit the woman to carry out a capacity assessment and appointed the general solicitor of wards of court to represent her interests in the wardship proceedings.