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Parties given opportunity to consider Court’s views as to appropriate care of a ward of Court
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High Court, in proceedings concerning the care of a ward of court who is in a permanent vegetative state and whose committee have run out of funds to continue the current regime of care, determines that it would be premature to determine the legal issues as to whether the HSE can be compelled by court order to fund a care package for the ward to a level set by the court in order, and that the parties be given time to consider the views of the Court on review of the evidence as to whether, in the exceptional circumstances arising, it would be possible to maintain the ward at the home facility.
Wards of Court – care of a ward who is in a permanent vegetative state – committee have run out of funds to continue the current regime of care of the ward - propriate care to be put in place for the ward in the circumstances – directions sought in relation to resuscitation – background facts - position of the HSE - response of the Committee - do not resuscitate direction - court is being asked to consider the limits that exist to its parens patriae jurisdiction in wardship matters – evidence - legal test to be applied in relation to the welfare of wards - must bear in mind the likely level of cost - first consider whether it would be possible to maintain the ward at the home facility at a cost that would not be excessive - less costly than maintaining the ward in the Community Nursing Unit - HSE does not provide funding to private individuals to employ carers - circumstances of this case are unique - would not involve the HSE in “bringing in staff” at all - HSE has understandable concerns about governance - daily nursing involvement - HSE could not accept liability in respect of the care provided on the instructions of the Committee – need for a second carer – premature to determine legal issues – parties given opportunity to consider views expressed.
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