An elderly woman, who is vulnerable, has been welcomed back to her nursing home by a High Court judge, she was previously taken from the facility unlawfully by her son, according to allegations. The man was criticised by Mr Justice David Nolan for purportedly exploiting his mother for his personal gain and ignoring a court order, obtained by the woman’s daughter, which instructed him to escort his mother back to the nursing home. The names of the parties involved have been withheld.
Accused of contempt of court regarding his mother’s case, the man was legally represented in court and he stated that his mother had a strong opposition towards being in the care of the nursing home. The son also alleged that he had attempted to bring his mother back to the facility during the weekend. However, the judge rejected the man’s account of the affair and threatened to imprison him for disobeying court orders unless he handed his mother back to the nursing home’s team. He was allotted a handful of hours to honour the directive.
Upon the case resuming on Wednesday evening, John Donnelly, lead counsel assisted by Catherine Duggan, informed the court that the son had returned his mother to the home as demanded. Representing the woman’s daughter and acting on instruction from BHSM LLP solicitors, their client requested the court to extend other orders granted from the prior week, given the return of the elderly woman.
The daughter, who was granted power of attorney over her mother by the judiciary, professes grave worries that her brother is attempting to control and exploit their mother. Additionally, she disputes her brother’s suitability as their mother’s carer. She also alleges that her brother took steps to gain entry to their mother’s property by hiring a locksmith to alter the locks, and he even tried to gain access to their mother’s finances.
Mr Justice Nolan confirmed his readiness to prolong injunctions inhibiting the woman’s son from changing her location from her current dwelling or any other place where she resides and from mediating with her continuous care and medical supervision.
The son is also restrained from interacting with his mother, and commanded to clear his belongings from his mother’s house.
The jurist, upon hearing the man’s legal representation argue that any cessation of communication with his mother would prove onerous, stated he would revisit the circumstances in several weeks’ time.
The court was previously briefed on the elderly woman’s vulnerability due to a mental condition. The woman has been medically determined to be unable to manage her own matters, according to her legal guidance.
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Subsequent to being awarded authority to handle her mother’s affairs, the woman’s daughter now has general power to make decisions on her mother’s behalf, especially pertaining to her personal care. She has further made provisions to safeguard her mother’s wealth, encompassing her bank accounts and the family home.