Irish High Court says woman living in “squalor” has capacity to make decisions
The Irish High Court has refused to initiate wardship inquiry for an elderly woman deemed capable of making “unwise” decisions about her living conditions.
The HSE sought a wardship inquiry due to a reported deterioration in her physical and mental health. Concern was expressed as to the woman’s squalid living conditions and isolation. It was stated that the woman also refuses to attend the doctor, and her GP will not schedule home visits due to the conditions.
A psychiatrist had assessed the woman in her home and deemed her to have the capacity to make “unwise decisions”. He found there to be no mental illness, and concluded that she was eccentric with a possible low IQ. In his view, it would be “inappropriate and inhumane” to make her a ward of court or detain her under the Mental Health Act.
The HSE stated that the woman was vulnerable and in need of medication examination. As such, it asked Judge Peter Kelly to direct a court-appointed medical visitor to attend the woman to assess her capacity.
While Judge Kelly expressed concern for the woman’s welfare and the primitive conditions she was living in, he found that “eccentricity is not a basis for invoking the wardship jurisdiction”. A court order providing for the assessment of capacity under the Lunacy Regulation Ireland Act 1871 requires medical evidence as to lack of capacity. Judge Kelly found there was no such evidence to justify such a serious order. He concluded that the medical evidence suggests that the woman has capacity and has chosen to live in the way she does. Should the change, the HSE could renew its application.