A Holocaust survivor who has compared her care home to the concentration camp where she was incarcerated more than 70 years ago has had her case referred to the Court of Protection.
The elderly woman, who is suffering from a catalogue of health problems, including vascular dementia, diabetes and kidney failure, has now asked to be allowed to move to Israel.
The case is noteworthy as it is the first to be heard in public since the start of a pilot scheme which is designed to promote transparency and better understanding of Court of Protection proceedings.
While the media were allowed access to the hearing, those reporters present were still prevented from disclosing the pensioner’s identity in their coverage of the case. This follows previous assurances that the privacy of individuals would continue to be protected.
Social services staff had referred the case to the Court of Protection to decide what would be in the best interests of the woman.
The local council’s legal team said that assessments last year had concluded that the woman lacked the mental capacity to make the necessary decisions about her care and living arrangements.
In addition, the woman’s daughter believes that leaving the home is “unrealistic” and that her mother is well cared for at the facility.
Despite this, the pensioner has repeatedly said she wants to leave the home, claiming that she feels like a prisoner. She is keen to sell her home and move to Israel, where she would like to be buried.
Judge Eldergill said that he would need to determine whether the woman had the capacity to make this decision and suggested that part of the hearing may be held at the care home. The case was adjourned and will reopen at a date to be confirmed.
At Lester Morrill, our specialist Court of Protection solicitors are experienced in working with vulnerable individuals and their families, friends and care teams to ensure the best possible outcome. We currently manage cases involving private clients, solicitors, local authorities, referrals from the court and case managers. We also advise on matters relating to health and welfare, receiving referrals from family members and advocates. Please contact our team for further information.