A woman has secured a High Court order requiring her brother to immediately return their elderly and vulnerable mother to the nursing home where she has been residing.
At the High Court on Thursday, Mr Justice Mark Sanfey granted the woman various orders after being informed that she has serious concerns that her sibling is trying to manipulate and control their mother.
The woman, who has been granted formal power of attorney over their mother, claims that in recent days her brother wrongfully removed their mother from the nursing home where she has been a resident for several weeks.
The daughter claims that "an element of force" was used by her brother to remove their mother from the facility, and says her sibling is "not a suitable person" to be entrusted with their mother's care.
It is also claimed that the plaintiff's brother is trying to gain access to their mother's home, by instructing a locksmith to change the locks on the property, and has attempted to access their mother's finances.
After considering the application, the judge said he was satisfied to grant orders directing the plaintiff's brother to return their mother to the nursing home, and restrain him from removing her from that or any other facility where she is resident.
The orders also restrain the defendant from interfering with his mother's ongoing care and medical treatment.
The orders were granted on an ex-parte basis, where only one side was represented in court, and will remain in place pending further order of the court. The parties cannot be identified for legal reasons.
Vulnerable
Seeking the orders, John Donnelly SC, appearing with Catherine Duggan BL instructed by BHSM LLP solicitors, told the court that the plaintiff's mother is a vulnerable individual who suffers from a cognitive condition.
His client's mother has been medically assessed as being incapable of looking after her own affairs, counsel said.
As a result of being granted power of attorney over her mother, his client has general authority to act on her mother's behalf and in relation to her personal care decisions.
Since being formally granted power of attorney by the High Court, his client has taken steps to secure her mother's assets, including her bank accounts and her family home.
Counsel said it is also accepted that his client's mother and brother had opposed the plaintiff being granted power of attorney and dispute that the mother lacks the capacity to manage her own affairs.
Counsel said his client has become concerned that her brother is attempting to manipulate their mother.
In particular, she is concerned about "significant and unexplained withdrawals" from the mother's bank accounts and the use of their mother's credit card.
Counsel said his client's brother had made previous attempts to remove their mother from the nursing home.
Staff at the home had reported that the plaintiff's brother had told them that their mother did not need to be at the home, and on one occasion had locked himself and his mother into a bathroom at the facility.
Gardaí and the HSE have been informed about his client's concerns.
Counsel said it is believed that his client's mother and her son are currently residing at a hotel.
After granting the orders, the judge made the matter returnable to a date later this month.
