The High Court has found that a woman identified as I.V.M. was unable to manage her personal and financial affairs independently, following a two-day hearing involving medical experts and family members.
The case arose after the President of the High Court directed that the court determine whether I.V.M. was, in the language of the legislation then in force, “of unsound mind and incapable of managing her person and property”.
Mr Justice Hedigan heard evidence from the woman herself, the petitioner G.M., another family member and four doctors. Three of the medical witnesses concluded that I.V.M. had an acquired cognitive impairment consistent with a dementia syndrome, most likely linked to cerebrovascular disease. They identified continuing problems with short-term memory, arithmetic, planning, executive function and impulse control.
A fourth psychiatrist, instructed on I.V.M.’s behalf, disagreed and considered that she remained capable of managing her affairs after settling into a nursing home.
The judge preferred the evidence of the three doctors who had either treated I.V.M. over time or carried out more detailed cognitive assessments. He found that, despite her strong presentation in court, age-related cognitive decline had impaired abilities necessary for managing complex financial and personal matters.
The judgment also addressed several family disputes. The court found that G.M. had not misappropriated savings, shares or title deeds and that jewellery had been returned promptly. It also recorded that G.M. did not intend to challenge his late father’s will.
The court noted that I.V.M. was settled and happy in her nursing home and had an important supportive relationship with a home-care provider costing €2,000 per month.
Applying the legal test then governing wardship, the judge concluded that I.V.M. lacked capacity to manage her person and property. The judgment did not appoint G.M. as committee, and he had indicated that he did not wish to pursue such an appointment.