I have the proof that I’m of sound mind. Now just let me and my husband alone
Pair may take case to f ind out who lodged complaints in run-up to their wedding
TWO friends who married to avoid inheritance tax are considering legal action to find out who lodged complaints against their marriage, after a Freedom of Information request to the HSE failed to elicit the names.
Matt Murphy, 82, married his best friend of 30 years Michael O’Sullivan, 58, in December last, in order to leave him his house in Stoneybatter without him inheriting a tax bill of up to €100,000.
But, at the last minute, three complaints were filed with the HSE, questioning the mental capacity of Mr Murphy and querying whether he was being taken advantage of financially – an accusation both men strongly reject.
Since then, the pair – whose union made headlines around the globe – have faced a legal quagmire and a health nightmare in their efforts to prove that Mr Murphy was of sound mind to get married and not coerced into any arrangement.
Despite their civil union and an updated will, Mr Murphy was advised by his solicitor to obtain a compos mentis cert by undertaking a minimental state examination to pre-empt any future legal challenges.
While Mr Murphy is leaving the Stoneybatter property, worth more than €300,000 to his husband, another property – in Cashel, Tipperary – will be left to a relative in Northern Ireland. He has also stipulated that small sums of money be left to charity.
The FoI document requested by the pair runs to almost 50 pages and reveals that health officials discussed whether wardship might be necessary in Mr Murphy’s case – whereby a court would ultimately have to determine whether he was capable of managing his own affairs.
The correspondence, seen by the Irish Mail on Sunday, shows that Mr Murphy’s GP informed the HSE that she did not believe he satisfied the criteria for wardship.
However, as a result of the concerns raised, she requested a second opinion before signing an affidavit regarding testamentary capacity. An assessment with a consultant in medicine for older people was arranged, as well as further tests but no certificate was issued – leading the men to submit the FoI request.
The response revealed that one complainant, whose identity has been redacted in the documents, phoned the HSE to ‘express concerns’ several days before the wedding. The individual claimed that Mr Murphy had become ‘socially isolated’ and said ‘a number of friends’ were concerned that he was ‘being manipulated’.
Again, both Mr Murphy and Mr O’Sullivan strenuously reject this. Workers with the HSE
‘If true, why didn’t they go to the gardaí?’
advised one of the complainants that if they were concerned about possible financial abuse, they could refer the matter to the gardaí. ‘I am unclear as to how, other than meeting with Matthew, we can stop this arrangement going ahead,’ wrote one member of the HSE team to other staff internally. ‘If we had more time, a possible referral to Med for the Elderly,’ she wrote in emails.
After the complaints were lodged in the run-up to the wedding, Mr Murphy was requested to meet with two HSE evaluation workers to assess ‘any risks’.
The staff reminded him at a meeting close to his home in Stoneybatter that a previous friend had stolen some €10,000 from him while he lay on a hospital bed.
John McDonald, then aged 58, who had befriended him and helped him do his shopping, was jailed for 18 months in May 2015. McDonald had used Mr Murphy’s ATM card to make 29 withdrawals, totalling €9,843, while he was seriously ill in hospital.
Mr Murphy had given McDonald his ATM card and pin to take out money to pay bills while he was away in hospital.
When Mr Murphy was released from hospital, he found that his account had been nearly completely emptied and went to gardaí. The money has never been recouped.
Mr Murphy acknowledged this incident but stressed that Mr O’Sullivan was not taking advantage of him – despite the perceptions of some friends who had seen Mr O’Sullivan pass Mr Murphy’s Mastercard back to him and ‘misinterpret’ what had occurred. ‘I was robbed because I was ill in hospital,’ he told the MoS this week, visibly aggrieved by any accusation that he had been ‘fooled’ out of his money.
The HSE’s notes on the evaluation outline the benefits Mr Murphy said his friend has brought to his life since their friendship was rekindled after Mr O’Sullivan fell on hard times.
‘Matthew described how his life
has improved since Michael had become his carer – trips in the car, outings for lunch, talking to people locally – things he would not have done before.
‘Matthew said he feels safer in the house now that Michael is living with him, especially at night. He knows Michael is in the next room and will hear him if he calls,’ state the notes.
Speaking to the MoS, Mr Murphy said he has been bewildered by the litany of tests the HSE is recommending that he pass before anyone signs off on a certificate attesting to his mental capacity.
‘I didn’t get this attention before I went [half] blind. Now I’m getting attention that I don’t need and it’s very upsetting,’ he said.
Mr O’Sullivan said the accusations levelled against him are ‘very serious and asks why, if they were true, the complainants didn’t contact the gardaí.
‘When I was down on my luck, Matt did give me a few bob but we have both helped each other out in different ways. It’s very upsetting because these were the people I trusted and I thought trusted me,’ he said.