An elderly man has taken a High Court case against a nephew he alleges spent more than €130,000 of the pensioner’s money on himself.
Lawyers for Patrick Hogan got a temporary High Court injunction on Thursday preventing his nephew Thomas Kelly from reducing his assets below a value of €200,000.
The orders, granted by Mr Justice Paul Gilligan on an ex-parte basis (one side only represented) were made returnable to next week.
Seeking the orders, John Donnelly BL, instructed by Shiels Solicitors, said his client is an 87-year-old bachelor with 23 nieces and nephews.
Mr Hogan, from Harristown, Kinnegad, Co Meath, had retired from the Office of Public Works some years ago and currently lives with a niece at Castlejordan, Tullamore, Co Offaly. His income is from an OPW pension and the old-age contributory pension, counsel said.
Mr Hogan had in 2012 granted Mr Kelly, of Rahan, Edenderry, Co Offaly, a mandate allowing him make withdrawals from Mr Hogan’s account with Edenderry Credit Union, into which his pension is paid. This was so that his nephew could help Mr Hogan to manage his money,
Counsel said Mr Hogan became aware last year, following execution of the third-party mandate, that Mr Kelly began to make large withdrawals of money from the credit union account.
Stroke in 2014
Mr Hogan had spent six months in a nursing home in 2014 following a stroke and, although Mr Kelly had permission to use funds in the credit union account to discharge the nursing-home fees and expenses, most of the money was not used for Mr Hogan’s benefit, counsel said.
A forensic accountant had calculated Mr Kelly withdrew €153,000 from his uncle’s account between 2012 and 2016, the court was told. It was estimated that €133,000 of that was withdrawn by Mr Kelly for his own use without Mr Hogan’s permission, but Mr Hogan has no knowledge exactly how the money was spent, counsel said.
Mr Hogan has asked Mr Kelly to repay the money but so far he has failed to do so and a complaint has been made to gardaí, he said.
Mr Hogan was seeking a freezing order over concerns Mr Kelly may dissipate his assets, counsel said. Mr Kelly is in the process of selling a property and Mr Hogan is apprehensive that the proceeds of the sale may be dissipated and not used to repay the money. This property was not Mr Kelly’s home but he had been doing it up and getting it ready for sale.
Mr Justice Gilligan said he was satisfied to grant interim injunctions preventing Mr Kelly reducing, transferring or diminishing his assets below €200,000 and preventing Mr Kelly selling the property.