Court victory for 96-year old man seeking wife's release from nursing home

A 96-year old man fighting to win his wife's release from a nursing home had a victory in court Wednesday, but a couple of details remainundetermined.

JimMunveswill be allowed to bring his 87-year-old wife Barbara home, after their house passes inspection by an adult protection worker.

The P.E.I. SupremeCourt still has to decide if protection workers will be allowed to make unannounced visits to the couple's home, and whether they're allowed to go on outings without a care worker with them.

After court, Jim Munvesdescribed how he was feeling.

'"Exhausted," he said. "It shouldn't even have been an issue because all through this, I've been a non-person."

Munves' wife has dementia, so the Department of Health and Wellness had ordered her kept in a nursing home for her own safety. The government executed theemergency intervention in February, while Jim Munveswas temporarilyhospitalized for hip surgery.

Jim Munves' lawyer told court Wednesday that government failed to keep his clientinformed in writing of what was going on.

"It's important for people in future situations like Jim," saidlawyer Gary Scales. "It goes to the role of a care giver and the right of a care giver to know what's happening."

The lawyer for the Department of Health and Wellness told court that adult-protection staff did have face-to-face discussions with Jim Munveswhile he was still in hospital, and exchanged emailswith him on the issue.

"We do not take interventions lightly," saidAlannaTaylor. "Barbara was at risk of serious or immediate harm."

Taylor reviewedcase-worker notes covering several years of working with theMunves. Court heard on twooccasions, BarbaraMunveswandered away and was unable to find her way home. The lawyer reviewed documents that suggest Jim Munvesdeclined advice from case-workers.

"The person with responsibility did refuse [to comply] with what was asked," said Taylor.

Jim Munveswas granted intervenor status and was permitted to attend Wednesday's court hearing.

A set of headphones supplied by court failed to work, and Munves, who wears hearing aids, appeared to struggle to hear what was said at times. At one point he sighed audibly and shook his head.

"Sit down, go away," said Munves, waving his hand, after the government lawyer finished speaking.

About adozen friends and supporters of theMunveswaited outside the court room.

As part of the agreement that will allow Barbara Munves to return home, motion-activatedalarms and locks have been installed in the couple's home and they have hired round-the-clock care givers at their own expense.

Justice Jacqueline Mathesonwill deliver her decision on the remaining issues April 17.

The judge also granted permission for Jim Munves to take his wife to a weekend performance of the P.E.I. Symphony Orchestra.

"It`ll be the first time she's out since she's been in there," said Munves.

The couple may eventually move together to a nursing home, or they may live out their days in their own house, according to Munves.

"We have to make our owndecision and work it out ourselves," he said.

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