Woman looking after man (92) disputes he needs nursing home care

A woman who says she has been a 92-year-old man’s carer for 20 years is disputing claims that he needs permanent nursing home care.

The woman, a niece-in-law of the man, is opposing an application by most of the man’s next of kin to have him made a ward of court following two doctors’ reports stating he has dementia and is incapable of looking after himself.

The president of the High Court, Mr Justice Peter Kelly, ordered an independent medical report be carried out by a court medical visitor before he decides the wardship application.

The man, who has been widowed for 12 years, was admitted to hospital last July after a fall. A consultant geriatrician and a psychiatrist both examined him and diagnosed him as suffering from Alzheimers/dementia.

In “mini mental exam” tests, he scored just 13 out of 30.

He told the psychiatrist in one meeting he believed he was working in a cigarette factory in England and it was 1945, and he was saving up for a holiday. He also said he had no next of kin.

He had worked for 50 years in a cigarette factory and was one of a family of 11, the court heard.

Four out of five nieces and nephews supported an application by the hospital to make him a ward of court so that he could be placed in a nursing home.

The niece-in-law objected and brought High Court injunction proceedings against several parties, including the Minister for Health, seeking to prevent wardship.

The case came before the court’s wardship list on Monday when the niece-in-law told the judge she had made a promise to the man she would look after him when he signed an irrevocable power-of-attorney over to her just over a year ago.

She said she had been his carer for 20 years and she had made the promise because he had feared he would end up homeless like his brother who had trusted the State and a religious institution.

When she visited her uncle-in-law in the hospital, he wanted to go home and recognised pictures of his home and what needed to be done with it, she said. She had experience of dementia with her own mother who could not even recognise her but her uncle-in-law knew her every time she visited and knew her family. “He is not a vegetable”, she said.

“This is not about money and property, I have been his carer for 20 years and I know what he needs”.

Asked by the judge who had been her legal advisor when the power of attorney was signed, she said she was not prepared to say but it was a “most powerful document”.

The judge said it was not necessary for him to adjudicate on that document at this point but it was doubtful if that would give her entitlements in excess of those of the next-of-kin.

He said the court would appoint a medical visitor to carry out an independent assessment of the man. Refusing the woman’s request she be allowed be present at that assessment, the judge said doctors have to do what they are trained to do.

He adjourned the case to January 22nd.