An elderly retired priest with dementia is to remain subject to High Court orders aimed at keeping him, and others in his community, safe in the context of the Covid-19 pandemic.
The orders were sought last month because the priest, arising from his dementia, continued, despite the Covid-19 lockdown, to seek to visit elderly parishioners and was not adhering to social distancing rules when moving about in the community.
This prompted concerns among clergy and friends in his diocese and a solicitor holding a registered power of attorney concerning the priest.
The solicitor applied to the High Court, in the context of an intended wardship, for orders requiring the priest to remain in his home with carers attending and supervising him on a daily basis. Those orders were granted and a guardian ad litem was appointed to represent the priest’s interests.
When the matter returned before High Court president Mr Justice Peter Kelly this week, David Leahy BL, for the solicitor, said the priest’s welfare situation has stabilised. There were reports concerning provision of some form of long term support for him as his cognition is not improving but he had not previously accepted a proposed nursing home placement, counsel said.
Mr Leahy said his side had concerns about the mounting costs of the court application and may seek to get the HSE involved as the court’s intervention had been sought for protection of both the priest and the public. There may have been an issue whether the application could have been brought under emergency public health laws introduced in response to Covid-19, he added.
A solicitor appointed as the priest’s guardian ad litem said he had not comprehended written instructions from his diocese concerning behaviour around Covid-19. She said there was a “huge improvement” in his physical condition when she saw him earlier this week.
He was “in good form” and now working well with his carers concerning personal hygiene. There were no issues about his returning to his home from his daily walk and it was hoped he would be able to attend daily Mass if plans to resume that at his local church proceeded.
When she asked about his view on wardship, he had said he would be guided by his bishop and, when asked about a possible nursing home move, indicated he wished to stay where he was, the guardian added.
In his ruling, Mr Justice Kelly said it appeared, from all the medical evidence, the priest no longer had capacity. He said the wardship jurisdiction was invoked in unusual circumstances because the priest’s very good friends had some months previously, because of his developing dementia, encouraged him to appoint an enduring power of attorney.
That power was in the process of being registered when the Covid-19 emergency arose and it was then necessary to invoke the wardship jurisdiction to protect the priest and protect public health. This was for reasons including the priest continued to try and visit elderly parishioners during the Covid-19 emergency, which was detrimental for his health and theirs, and a number “quite rightly” refused to admit him into their homes.
The level of support the priest has received from his diocese is “commendable” and he is also “very well served” by his nominated attorney, a close friend who had devoted much time and attention to his welfare, the judge noted.
He directed a hearing next week to determine whether the priest should be taken into wardship and to address costs issues.
The guardian might explore whether an intervention from the bishop might assist with the priest’s approach to wardship and with long-term care options, the judge said.
