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The High Court, on the application of a hospital has authorised the transfer of an elderly woman with complex care needs to a specialised care facility, contrary to the wishes of her family because of the distance from their home and the difficulties of visiting her. The court recognized the family's concerns about the distance to the facility but emphasised the risk to the woman's wellbeing if she remained in the acute hospital setting. The court declined to order her detention at the care facility, finding it unnecessary and disproportionate, given her inability to leave on her own.
Elderly care, transfer to care facility, best interests, capacity assessment, guardian ad litem, acute hospital setting, risk of infection, fundamental rights, healthcare funding, Fair Deal scheme, Health Information and Quality Authority (HIQA), dementia-specific care, hospital-acquired infections, long-term care, patient autonomy, inherent jurisdiction, proportionality.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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