Wednesday 17 December 2014

Disabled man made homeless after house sold to pay for mum's nursing home care

Ray Managh

Published 23/06/2014 | 12:57

James (Jim) O’Connor of Beechlawn, South Hill Avenue, Booterstown, Dublin, pictured leaving court after a Civil Court action. Pic: Collins Courts
James (Jim) O’Connor of Beechlawn, South Hill Avenue, Booterstown, Dublin, pictured leaving court after a Civil Court action. Pic: Collins Courts
Number One Beechlawn, on South Hill Avenue, Booterstown where Jim O Connor has been living. Pic Frank Mc Grath
The Beechlawn estate on South Hill Avenue, Booterstown where Jim O'Connor has been living. Pic: Frank Mc Grath
Disabled man made homeless after house sold to pay for mum's nursing home care

A disabled man was made homeless today so that the house in which he lives could be sold to pay his ailing mother’s nursing home care.

Judge Jacqueline Linnane told James (Jim) O’Connor in the Circuit Civil Court that “the court is always very protective and vigilant in relation to elderly people.”

An application for possession of Number 1, Beechlawn, South Hill Avenue, Booterstown, Dublin, had been brought by his mother Mary Veronica O’Connor’s attorneys, Marianne O’Connor and Paul Browne.

They wish to sell the property, which belongs to his 86-year-old mother, so as to pay off debts already outstanding for Ms O’Connor’s care and to provide finance for her future care.

“The property has to be sold to fund her nursing home care and to fund a loan which her attorneys have had to take out in order to discharge her nursing home fees,” counsel for Ms O’Connor’s legal representatives told the court.

The order for possession had been sought and was today granted against Mr O’Connor who has been residing in the property but who will now have to vacate the premises to facilitate its sale.

He had initially contested the issue but told the court he would prefer to have the matter settled by final court order today.

Judge Linnane told him his mother’s liabilities for her future care were building up and asked how were they going to be paid if her property was not sold?

She refused an application to adjourn the matter to allow Mr O’Connor apply for legal aid, stating that the application could not wait for a year to 18 months until the legal aid issue was decided and possibly refused.

The judge told Mr O’Connor he could take the order for possession against him to Dunlaoghaire Rathdown County Council when seeking to be re-housed.  Once the order was furnished to the housing authority he should get some priority.

The court joined the local authority as a notice party to the proceedings in a bid “to move matters forward.”

Judge Linnane warned Mr O’Connor: “If you do not vacate then the law takes its course and the sheriff will take over.”

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