The High Court has admitted M.B., a 91-year-old woman with dementia, to wardship and appointed the General Solicitor for Wards of Court as her Committee, after accepting evidence that she could not manage her affairs.
In a judgment delivered on 18 March 2016, President of the High Court Mr Justice Kelly preferred the evidence of medical visitor Dr Niall Gormley over that of Dr Ailis Quinlan, a medical adviser to the older people’s advocacy organisation SAGE. The doctors disagreed about M.B.’s capacity to make decisions about herself and her property.
The wardship petition was presented by M.B.’s cousin, E.F., in August 2015. Two doctors who provided affidavits in support said M.B. had Alzheimer’s-type dementia and could not manage her care or finances. Dr Gormley, a consultant psychiatrist specialising in old age psychiatry, was later appointed to examine her. He reported that she had significant difficulties with insight and judgment, did not understand her need for assistance, and would be vulnerable if discharged home.
SAGE became involved after hospital staff raised concerns about the application. Dr Quinlan’s report said M.B. had capacity to make decisions about herself and her affairs, though she might need support. It recorded that M.B. did not want wardship, wanted to remain in control of her affairs, and accepted that returning home was not an option.
Both doctors gave oral evidence and were cross-examined. The judge said Dr Gormley’s psychiatric qualifications and clinical experience were more relevant, and that his assessment was more thorough. He accepted Dr Gormley’s evidence and held that M.B. was not capable of managing her affairs.
The judgment also addressed SAGE’s participation in the case. The judge had provisionally allowed solicitor Mary Condell to take part as though she represented M.B., but concluded after hearing argument that neither SAGE nor Ms Condell was entitled to appear on that basis. He said Ms Condell’s client was SAGE, not M.B., and that M.B. could have instructed a solicitor if that solicitor had acted as her client. He said SAGE would not be permitted to appear for another person in that manner in future.
The court’s orders were to admit M.B. to wardship and appoint the General Solicitor for Wards of Court as her Committee.