Man living in ‘worsening squalor’ can be moved to nursing home, judge rules

The High Court has made orders permitting the Health Service Executive (HSE) to transfer a man with dementia living in “worsening squalor” at his home to a nursing facility.

The man, who is in his 80s and lives alone, has seen a “rapid decline” in his condition in recent years and has been living in unhygienic conditions, said Donal McGuinness BL for the HSE.

Mr McGuinness said the man had recently indicated he would be willing to go to a nursing home, but “that could change”.

For this reason, the HSE asked the court to grant orders allowing it, along with the assisted admissions team, to transfer the man using reasonable force, if necessary, to an approved nursing home.

According to the report of a consultant geriatrician, the single man has been diagnosed with dementia and his condition is in “obvious decline”.

She said she understands he previously had been cared for by a live-in relative, but this person has moved out and the man has been refusing care and assistance from support services. She said there was a risk of exploitation because he does not lock his front door.

Hazard

The geriatrician said it was her belief that the man is no longer capable of caring for himself. She said his living environment has become a hazard due to “worsening squalor” and his home carers are no longer able to attend because of the risk posed by the conditions.

The consultant said it appears that the man spends his time on his couch and she observed rotting food and other items on the floor. The doctor said she believes he is not only at risk of falling but at risk of food poisoning and of contracting serious and life-threatening disease from the conditions.

His physical appearance has dramatically declined, including apparent weight loss, she said.

In a separate report, a general practitioner said the man’s health and living conditions have “deteriorated dramatically”.

Unsound mind

While the man was friendly and conversational, it was the doctor’s belief that he has “no insight with regard to his personal hygiene, dress or surrounding squalid environment” and is a person of unsound mind.

The doctor said the man is likely to be opposed to long-term nursing home care, but he believes he would be “happier, more comfortable, safer and healthier” there.

The man’s situation was raised before the President of the High Court, Ms Justice Mary Irvine, as part of an intended wardship application.

Ms Justice Irvine said the doctors’ affidavits “make clear” the need for the reliefs sought by the HSE. She made various orders required for the man to move to a nursing home. She also made an order for the deployment of a medical visitor to assess and report to the court on the man’s capacity.