The nephew of suspected elder abuse victim "Auntie Em" is to go ahead with legal action to get her adopted daughter — her alleged abuser — evicted from the family home.

Stephen Woodley told The Royal Gazette he plans to seek advice on getting Rosamund Hayward and her family out of the Devonshire property so his 95-year-old near-blind aunt, Wilhelmina Liburd, can move back in.

His decision comes after a magistrate ruled yesterday that nursing assistant Yvonne Dawson — who took Mrs. Liburd into her own home and claims the daughter owes her $25,000 for caregiving services — did have a contract with Mrs. Hayward.

Magistrate Tyrone Chin said evidence he heard during a three-day hearing last month convinced him an oral contract existed between the two women.

The matter will now proceed to a civil trial at Magistrates' Court in September to determine whether Mrs. Hayward owes Ms Dawson money.

Mrs. Hayward's lawyer Ray DeSilva said his client was not willing to settle the matter out of court, as suggested by Mr. Chin. "We see no point in attempting to negotiate," he told the court. "We really just want to get it over with."

Mr. Woodley, who has power of attorney for his aunt, said: "I'm glad that it came in Yvonne's favour. Now that she's got her ruling I'm going to pursue my side of it."

He claims Mrs. Hayward owes his aunt thousands of dollars in back rent and that she should be made to leave the family home so Mrs. Liburd can return there.

The property belongs to Auntie Em but her late husband Victor stipulated in his will that it pass to their daughter upon her death.

Mr. Woodley said his aunt, now in the Continuing Care Unit at King Edward VII Memorial Hospital, longed to go home and that he would put 24-hour care in place for her if she was able to do so.

Ms Dawson said she would continue to fight for justice for herself and her former patient, who had part of a leg amputated after gangrene set in, allegedly due to neglect.

"I did my job," said the 40-year-old caregiver. "I did it sincerely and here is a daughter who doesn't care. I really appreciate the fact that the powers that be have worked in my favour today for Mrs. Liburd."

As revealed by this newspaper last September, environmental health officers declared the house on Upland Street unfit for human habitation before Mrs. Liburd moved out in late 2006.

The National Office for Seniors said the great-grandmother was at risk of elder abuse if she returned there to live with Mrs. Hayward, son-in-law Patrick, her two grandchildren and great grandchild.

Mrs. Hayward has never been charged with any criminal offence in connection with the alleged mental abuse and physical neglect of her mother.

A new law aimed at bringing abusers of elderly people to justice was passed earlier this year but is not retroactive.

Those convicted of an offence can be jailed for up to three years and/or fined $10,000, as well as having their name placed on the Senior Abuse Register.