The son of a Northern Ireland
pensioner in care with probable dementia has lost a High Court battle to bring
her home.
The man was seeking enduring
power of attorney to look after his 83-year-old mother, claiming that keeping
her in residential facilities would lead to a "slow death".
But rejecting his case, a judge
instead granted a health trust's application for the widow to remain in
specialist 24-hour accommodation.
Mrs Justice Keegan said: "It
is entirely unrealistic to think that, given her needs, she could be looked
after in the community."
The mother-of-four, referred to
as NS, was described as a previously independent woman heavily involved with
voluntary organisations and the church.
But following the death of her
husband in 2009, she suffered a series of health difficulties, culminating in a
diagnosis of probable dementia.
Opposed to a care package, she
had been managed at home with the support of family, friends and a neighbour.
However, the situation changed
when a daughter who stayed with her up to five nights a week suffered a stroke
in 2014.
By 2016 her son, referred to as
MS, saw himself as his mother's primary carer.
In May last year she was admitted
to hospital suffering from a suspected lack of oxygen to the brain and
delirium.
Following treatment, the court
had to decide whether NS should be discharged to a residential facility or to
her son with a care package.
However, medical experts cited a
pre-existing diagnosis of dementia and claimed that she lacked capacity to make
the decision for herself.
A social worker also referred to
the risks to NS due to her condition, claiming she required 24-hour residential
care.
Representing himself, MS argued
that being at home was not harming his mother and insisted that she should be
allowed to attend court to express her own views.
At one stage he also alleged that
she had been held unlawfully in trust care for 216 days.
He claimed this was forced
against her will and asked that the trust pay £5.8m immediately.
The man urged the court to
conclude that she should come home.
But Mrs Justice Keegan backed
submissions on behalf of the trust that NS was not getting better and required
suitable care.
In a judgment, she acknowledged
it was an emotional issue affecting many families, but stressed the need to
base her decision on the facts and medical evidence about a vulnerable elderly
lady.
"I accept that she was a
vibrant woman who lived independently and contributed to the community,"
the judge said.
"I also accept as a basic
principle that it would be best if NS could live out her latter years at
home."
Granting the declaratory relief
sought by the trust, she said she was satisfied the necessary checks had been
made at the residential home.
Mrs Justice Keegan also
emphasised how the pensioner's condition had deteriorated, potentially leading
to her requiring oxygen and specialist nursing care in future.
She added: "I do not accept
MS's arguments about his ability to care for his mother."
SOURCE: Belfast Telegraph, Alan Erwin