Brain-injured man restrained from visiting elderly mother due to Covid-19 fears
A brain injured man has been restrained by High Court order from leaving his nursing home for visits to his elderly mother or others due to concerns he does not understand the dangers to himself and others posed by Covid-19.
After the nursing home imposed visiting restrictions on March 6th, the man, a ward of court aged in his fifties described as at serious risk were he to contractCovid19, made four visits to his mother and his home area.
While he had said on March 20th he would make no further visits, the nursing home is concerned it cannot enforce that and that he had told a solicitor this week he saw no basis for varying his visiting routine.
In the circumstances, David Leahy, for the HSE, asked for orders preventing the man receiving or making visits unless those are permitted by the nursing home.
The orders includes ones permitting gardai to search for, arrest and return the man to the nursing home if he leaves.
Mr Justice Denis McDonald said, in light of Covid-19, the court was constrained to intervene and make orders of the sort "it would generally not be prepared to make".
He made orders effectively permitting the nursing home detain the man for six months on condition the situation be reviewed at three months or earlier if there is any change concerning the risk posed by Covid19.
In seeking the orders, Mr Leahy said this was "very much an application for our times".
The man was made a ward of court after suffering brain injuries in a road traffic accident some decades ago.
He had lived at home with his mother but has been in the nursing home for some two years, having gone there on a respite basis. He wants to go home but there are concerns about his capacity to live independently, counsel said.
He has a routine of leaving for regular visits to his mother and friends but, in light of Covid19, his mother, while she would like to see him, believes she should not, counsel said.
The nursing home had restricted visits from March 6th in light of Covid19 but he had left there on four occasions since.
There were also concerns he lacked capacity to understand the importance of regular handwashing and maintaining social distance.
On March 20th, he had indicated he would not leave the nursing home but, on Monday, March 30th, he told Aileen Curry, a solicitor appointed by the general solicitor for wards of court to represent his interests, he does not accept there is any basis for varying his regime of visits, counsel said. Ms Curry considered this had to be seen in light of lack of capacity.
Mr Leahy said the man has a number of underlying conditions which make him vulnerable to Covid19 and a doctor had "starkly" reported the risks to him from the virus include death. His mother was also vulnerable.
Mr Justice McDonald said he was satisfied on the evidence the man has impaired cognitive function and is not in a position to fully understand and comply with the hygiene and social distancing measures essential to his own interest and others including his elderly mother.
It is clear he has "severely compromised" health and in the very vulnerable category regarding the impact of Covid19 if he were to contract it, the judge said. Given the risks to himself and his elderly mother, the court was constrained to make the orders sought.
