Typist appeals $3m ruling after elderly woman’s home sold, savings taken
A notice of appeal has been filed by a 59-year-old woman who was ordered by the High Court in January to repay almost $3 million after it was found that she had exercised undue influence over an elderly woman whose home was sold, and bank savings taken, before she was left in an elder care facility where she eventually died.
The appeal was filed on Tuesday by Nichola Shelley Ann Blanchfield, a clerk-typist and mother of five of Tacarigua, who is challenging the judgment delivered by High Court judge Justice Marissa Robertson.
In her ruling, Justice Robertson had ordered Blanchfield to repay $2,919,507.50 arising from her dealings with the elderly woman, Verna Mary Gottshalk, who was said to be in her nineties at the time the initial court action was filed.
The amount comprises $2,728,300 in judgment sums and $191,207.50 in prescribed costs. Attorney Martin George, who represented Gottshalk’s interest, has since issued a demand letter to Blanchfield’s attorney, Skeeta John, seeking payment of the full sum.
The letter, which was issued on Wednesday, called for the payment by way of a certified manager’s cheque made out to the firm Martin George & Company.
The judge had also ordered that a Toyota Yaris car purchased for Blanchfield using Gottshalk’s funds be returned. The demand letter by George further stipulated that the vehicle be delivered to his law firm by yesterday afternoon.
Court proceedings revealed that Blanchfield had gradually become closely involved in Gottshalk’s life after befriending the woman, who lived alone at her home in Diego Martin.
Over time, the court heard, Blanchfield assumed increasing control over Gottshalk’s affairs. Evidence showed that Gottshalk executed a will naming Blanchfield as the main beneficiary, and also signed a power of attorney granting her access to bank accounts. These documents, including a Last Will and Testament and a Power of Attorney, both dated March 24, 2014, were specifically set aside by Justice Robertson’s order.
The court also heard that Gottshalk had purchased the Toyota Yaris for Blanchfield in 2012 at a cost of $83,300 after the latter complained about the difficulty of travelling from Tacarigua to Diego Martin to visit her.
Blanchfield eventually moved into Gottshalk’s home and later persuaded her to sell the property for $2.5 million. However, the entire proceeds of the sale were allegedly taken by Blanchfield, a sum the court has now ruled is owed to Gottshalk.
Additionally, the court has restrained Blanchfield from making any withdrawals from Gottshalk’s Scotiabank accounts. The court had heard that after the property was sold, Blanchfield told Gottshalk she could no longer accommodate her before placing her in an elderly care home and made only one month’s payment. Gottshalk was eventually found at the location ‘in a severely neglected condition.’
Gottshalk’s situation had only come to light after Pierre, a family friend, and Gottshalk’s son, who lived in England, began searching for her. Pierre, acting as the appointed Committee/ Receiver of Gottshalk, was the one who initiated the court proceedings against Blanchfield. During the trial, Blanchfield was represented by attorneys Skeeta John and Rhea Sookhai.
Upon the conclusion of the trial, Justice Robertson ruled that Blanchfield had to repay all the money, along with Pierre’s legal costs.
While a 42-day stay of execution was granted, George’s demand letter noted that this period has expired, entitling Pierre to enforce the order from yesterday’s date. Blanchfield is now represented by attorneys Dave McKenzie and Debra James, who filed the notice of appeal on Wednesday seeking to challenge and have the High Court order overturned.
BY: RICKIE RAMDASS
