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Sister turns to courts to wrest control of mother's legal affairs

Two sisters are fighting for control of their mother's legal affairs after one claimed the other had neglected the elderly woman and allowed her to live in appalling conditions, The Royal Gazette has learned.

One sister launched the legal action after returning from abroad last year and being shocked at the condition her mother was living in near her sister.

The sister claims her mother's apartment in Pembroke was covered in dog faeces and that there were human faeces on the toilet seat, bowl and sink.

She said there were dirty dishes in the sink, no food in the fridge, and that there were naked light bulbs in the kitchen and dining room.

The woman admits her sister provided two meals a day for their mother but contends the elderly lady is not being properly looked after.

The woman is applying to have power of attorney over her mother's affairs so she can oversee her care.

The elderly woman is in her 70s and suffers from Alzheimer's Disease, so the sister is bidding at Supreme Court to have control over her mother's affairs.

The woman's lawyer, Mark Pettingill, told The Royal Gazette : "We are putting in an application for her to have power of attorney over her mother's legal matters.

"Her view is that her mother is being victimised by other members of the family, particularly her sister. She claims she has been allowed to live in a dump, has not been well-treated or given proper attention.

"She wants to make sure she is in a position to stay in the house she has always lived in and be taken care of properly in her old age.

"We have taken two statements from doctors to say that under the Mental Health Act the mother is incapable.'' No date has yet been set for a hearing at Supreme Court, but the woman's sister is fighting the application.

The woman said she reported the matter to both Police and Social Services, but nothing was done. She said Social Services did not pursue the matter and accepted without question her sister's assertion that she had power of attorney over her mother's affairs.

The sister, who recently returned to Bermuda, is now looking after her mother and living with her.

In a statement to The Royal Gazette , she said: "I was shocked and appalled to find my mother living in squalor, surrounded by signs of poverty.

"The stench from my mother's home greeted my nostrils like a giant cesspool as my eyes absorbed the unbelievable filth my mother was forced to live in.'' She said cupboards which were once like an "overstocked royal pantry were now filled with dusty dishes and cobwebs''.

The daughter said she spent her first night back on the Island staying in her mother's apartment even though she found it difficult to sleep because of the stench.

The woman claims her sibling refused to allow other members of the family any input into looking after their mother after she was diagnosed as having senile dementia.

She further alleges that her sister would verbally abuse their mother.

Another sister who has spoken to The Royal Gazette has supported all the allegations of neglect.

Glen Caisey, the programme manager of Acute Mental Health Services at the King Edward VII Memorial Hospital, said people caring for elderly senile parents often encountered severe problems.

Speaking in general terms, he said: "The sufferer has very debilitated intellectual and physical functions.

"They are going to require full-time care and attention by a carer and they have to balance that against what is available locally, and it is very limited.

"It is difficult for the carer to manage the Alzheimers sufferer seven days a week, 24 hours a day in terms of comfort, compassion and safety.

"Families need to understand the impact when there is a regression in the behaviour of someone they have loved. It is frightening.

"There are adjustments that people need to arrive at and grief that people can go through before accepting the changes in the loved one.'' Maxanne Anderson of law firm Francis and Forrest, which is representing the sister against whom the allegations have been made, said: "We have no comment to make in the interests of protecting the mother, who is a vulnerable person.

"In view of her mental state, it is not appropriate to make any comment except that the matter is subject to legal proceedings needed to protect the mother's best interests.''