The High Court has admitted Ms AB to wardship and appointed the General Solicitor as committee of her person and estate, finding that court protection was necessary to address concerns about her care, isolation and finances.
In a judgment delivered on 12 July 2022, Ms Justice Niamh Hyland said two medical reports found that Ms AB lacked capacity and could not manage her affairs. Her son, Mr ET, did not dispute that medical evidence, but argued wardship was too strong an arrangement and that an enduring power of attorney (EPA) made in 2019 should be considered.
The judge said the evidence showed that Ms AB’s financial affairs were not being managed properly. Mr ET accepted taking money from his mother’s account but had not accounted for it or explained how it was used, the judgment said.
The court also found that Ms AB had not received appropriate medical attention, including routine GP checks and monitoring of her pacemaker. The judge cited missed appointments arranged by the HSE safeguarding team and said it had taken a court order for a medical visitor to assess her. She found that Ms AB had been isolated from her other five adult children for more than two years and required ongoing care that Mr ET could not provide, given his own medical condition.
Those were the court’s findings after considering the medical reports and competing family affidavits. Ms CI, one of the applicants, had alleged that Mr ET left their mother alone, restricted family contact and that €87,000 left her bank account between February 2018 and May 2019 without explanation. Mr ET disputed aspects of the account, saying the respondent had directed him to manage her money and that household arrangements reflected her wishes and Covid concerns.
The judge did not rule on whether the EPA was valid. She said its validity was not before the court and treated it as valid for the wardship decision. The EPA covered property and financial affairs but did not authorise personal-care decisions. Mr ET may still pursue registration, the judge said, but the EPA would not address all the welfare concerns before the court.
The General Solicitor’s appointment does not determine where Ms AB should live or what care she should receive. The committee must assess her circumstances and seek court consent for decisions that require it. The court directed the committee to provide a statement of facts to the Wards Office within 14 weeks.