Epileptic man in 60s made ward of court

By Ray Managh

A man in his mid-60s, who has suffered from life-long epilepsy, was yesterday made a ward of court by the president of the High Court, Mr Justice Peter Kelly.

Last week, the judge travelled to a nursing home in a rural area to hear the case of the man who was appealing to be allowed return to his home.

Yesterday, Mr Justice Kelly said in a reserved judgment that, during a two-hour hearing in the nursing home, and in a number of hearings prior to that, the court had heard what he described as “a clash of medical evidence” regarding the man’s capacity to look after himself.

He said that because of this “clash”, while taking the man into wardship, the court would be open to new medical and psychiatric assessments being made in six or 12 months to review its decision.

As I have often stated in this court, I believe people should not be in wardship unless they absolutely have to be,” said Mr Justice Kelly.

The court appointed the general solicitor for minors and wards to act as the man’s committee, which will be responsible for following court-approved guidelines with regard to the man’s treatment and financial affairs.

The man will, pending further court order, remain resident in the nursing home where Mr Justice Kelly heard his arguments for being released to his home, where he lives alone.

The matter was put into the High Court wardship list for October 15.

Mr Justice Kelly took the unusual decision to hear the man’s appeal in the nursing home after having been told by the man’s treating doctor that the stress of court proceedings in a formal setting could trigger a seizure.

The visiting court heard conflicting views about whether the man had the necessary mental capacity to make decisions affecting his health and finances.

A treating consultant geriatrician and court-appointed medical visitor, who is also a consultant psychiatrist, said the man lacked capacity. Two consultant geriatricians who assessed him in May disagreed and believed he had the necessary capacity.

The court heard that the man had been admitted to hospital multiple times and had become malnourished when living alone at home. He bought ready-made meals from a local store and heated them in his microwave.

The man, who said he was a supporter of soccer team Tottenham Hotspur, enjoyed visits to his local town and visiting the grave of his mother, with whom he lived until her passing.

Mr Justice Kelly said there were three questions he had to answer:

- Is the appellant of sound mind?

- Is he incapable of managing his own affairs?

- Is it necessary and appropriate for him to be taken into wardship?

He preferred the evidence of the medical experts who were of the view the man was of unsound mind.

Sage, the Support and Advocacy Service, issued a statement after the judge’s decision in which it expressed disappointment that one of its clients, who had resisted wardship in order to live in the place of his choice, had lost his legal identity, his rights as a citizen, and his ability to choose where he lived based on legislation dating from 1871.