Woman with brain injury and dementia admitted into wardship despite objections from her son

Lunacy Regulation (Ireland) Act 1871 – wardship application – opposed by her son, with whom she lives – argued that an enduring power of attorney created in 2019 should be registered as an alternative way of protecting her interests – accident in 2017 where the respondent was knocked down by a bin lorry and sustained a fractured skull – medical visitor appointed to enquire as to her state of mind and capacity – son is entitled to object to the wardship application – evidence of the medical visitor – significant short term memory difficulties – concluded that due to lack of comprehension and ability to attain information she could not use new information to make decisions – concluded that she was of unsound mind and required protection of the ward of court process – alleged by her daughter that her son has taken control of all aspects of the respondent’s life and prevented her from seeing family members – respondents important documentation have gone missing without explanation – urgent appointment arranged by the HSE for a capacity assessment was cancelled by her son – decision to admit respondent to wardship was necessary and proportionate – brain injury and dementia and lacks capacity – meets the statutory test, being of unsound mind and unable to manage her affairs – medical evidence is unambiguous – financial affairs are not being managed properly – her son has taken money from her account and had not made any efforts to account for same or explain what it is being used for – satisfied that the respondent has not been properly cared for – respondent has not been brought to the GP and has not had her pacemaker attended to – socially isolated for over two years – not allowed into the garden of her own house – house is difficult to access – left alone for significant periods of time – needs constant care due to her brain injury and dementia – has not been allowed to see her other five children for over two years – her son has a medical condition and it is clear he cannot provide her with the care she requires –wardship is more suitable to meet her needs than the enduring power of attorney - wardship is in the best interests of the respondent given the very serious concerns about her health and welfare – identity of the committee – son is unsuitable person to be appointed where there is a conflict between family members – presumption that the committee should be a family member is displaced – General Solicitor appointed as committee of the person and of the estate.