An OD is out of character for her but she denies this.
Please clarify what this means in the current context. To me, OD is overdose.
I’ve pointed out to him that abusing a vulnerable person’s financial position even by failing to limit them when their actions may be of harm to them, is tantamount to financial abuse & this is really serious but he is completely incapable of changing his habits or behaviours.
This is unfair to the brother and incorrect. Your mother has the right to make decisions, however unwise or harmful they may be to hers, so long as she's judged to have capacity. The brother has no rights to limit her spending. To do so would be financial abuse. Not doing so isn't. If she's bankrolled him willingly and without coercion all his life, it's not financial abuse for him to carry on with the situation now, even with her cognitive decline.
If brother isn't working and has no income or savings, why is he not claiming benefits? He's eligible, even if it turns out to be eligible for jobs-seeking benefits, if he's judged for for work by DWP. It's unlikely he needs her income, one way or another he can obtain his own.
He's entitled to his thoughts. If he wants to stick his head in the sand about her aging and cognitive decline, that's upto him. Let it go and stop trying to convince him, he doesn't have to think like you.
If he obstructs the house sale when she wants to sell, that's financial abuse. He can't legally block the sale, even if he's co-owner she could take him to court to force sale if she wants her share liquidated.
If he prevents her carers doing their job when the time comes, that's elder abuse.
She is now diagnosed, so that's a moot point. Though worth mentioning to mother's social worker, in case she needs a doctor in future if there's a chance he won't take her.
If he's doing these things he should be reported to your mother's social worker and the police. You can't expect social workers to accept he's doing a crime if you won't report it. They certainly can't act on your say-so, especially if your mother has capacity, but if crime is reported police may be able to have him removed from the house and social services can take the abusive relationship into account when forming your mother's care plan.
...avoids all responsibility, does no domestic or gardening help or helping with the mental load & basically only does tasks for her that he likes:can cope with hence the day trips out. He will take her to doctors, hair appointments etc but not supermarkets & so she gets her good at petrol stations mostly & takeaways.
Brother is not obligated to care for her in any way or to do things he can't cope with. Her bankrolling him has nothing to do with this, it's a separate issue. Both issues are between him and your mother.
It is his personal choice what he does and doesn't help with, both domestically and in terms of care. It's literally none of your business, beyond ensuring mother's social worker is informed of what he is/isn't willing to do so they can see where the gaps in her care needs are.
Not surprisingly she’s v defensive about this & thinks I’m trying to curb her pleasure & interfering in her private affairs
You are. I appreciate you want what you think is best for her, but it's her decision, not yours.
I’ve pointed out how excessive her monthly petrol bill is for eg £850 & that my brother is using her account for his own personal (& excessive petrol use. He compulsively drives & is addicted to driving hence v high car maintenance costs all footed by my mother who seems to defend it).
No harm in having your say, but as always when offering unsolicited advice, one has to be prepared to be told to sod off! You have said your peace and now you need to back off. Otherwise you'll end up being the one carrying out financial abuse via coercive control. That you think it's for her own good is neither here nor there. Your opinion isn't law.
Nobody can step in until she loses capacity. At that point her POA can step in to ensure her care bills and other needs for herself are paid and if there's nothing left for brother then tough luck. However, given that she's been happy to bankroll him for a long time, it's possible he would be given a monthly monetary gift if there's funds available for it simply because that's what mother would have chosen to do if she could still choose and POA must act in her best wishes.
So when the time comes that she needs carers coming in at home how is this paid for if she can’t afford it? This may be needed before any care needs assessment (which I’ve read can take months).
I’m her POA for Health & feeling v anxious & concerned about this particular issue.
The POA takes effect when she loses capacity. Until that point you can't decide she needs carers, it simply isn't your decision. If she'd prefer to spend the money on brother that's upto her. If she doesn't get on with selling the house and doesn't let you arrange it either, that's upto her. As frustrating as this is for you, she has the right to make her own decisions. If she refuses to pay for private carers or refuses to have them, the agency will stop sending them. As with care homes, they're a business not a charity.