Brother staying in Mum’s house

[tiredofworking]

My mum is in a nursing home and has no capacity. She has savings and 2 properties. Currently she has CHC funding but this is obviously subject to review.
All 3 of her children have POA. One sibling never left home, he is now 41. He paid a token amount of board. My father died and he continued to live with Mum.
As my mum will not be coming home I assumed we would sell main house but he has issued legal letter stating he will be staying there long term. All owner expenses to be paid from mum’s money.
My sister and I are fuming he is living on the cheap like this. I’ve reported him to office of public guardian but they won’t help.
What can I do without spending a fortune on legal fees???

Of course they won’t help because this is his home of many years. His status as living there for many years trumps you wanting to sell.

Nothing you can do as you have already had confirmation

So he can live in a house for £50 per week depleting her assets?

If that’s been the status quo for many years, most of which was spent living with his mother until she moved out. Not a chance he will be kicked out so your fury is wasted

P sons in possession of a live POA have an obligation to act in the best interests of the donor. (Your mum)

So you can charge him a commercial rent but he may well refuse to pay it but will by virtue have acquired tenancy rights.

your best bet (if the other siblings agrees) is give him reasonable notice to vacate. after which move to evict him.

He has no legal right to occupy.

you will need to consult a solicitor.

He does have a legal right to occupy. He has lived there with his mother all his life.

For most of that time, she had capacity.

This is going nowhere

Are you planning to sell both properties,

How is he deleting her assets?

Lucky her if she has CHC. Hold on to that, fight any decision to remove it.

If she's been awarded chc based on care needs then she won't need to pay, if that changes she may have to contribute to her care from property sales and cash savings. When she dies the houses will become part of her estate and need to be sold. I'd want to know who produced the legal letter and what arrangement was made between him and his mum to live there, it is his home but he can't stay there indefinitely unless it's stated in her will when the time comes.

The will splits everything into 3 - no separate provision. It is depleting assets as we could rent at market value or sell and invest. I doubt CHC will be renewed at 3 month review.

He has no legal right to occupy and is technically a licencee not a tenant soo he can be evicted.

personally i would leave the situation be and see what happens in the future with mum.

Depending on the will he probably will have to leave anyway so the house can be sold.

Then give him notice to leave and move to evict him.

ignore people talking through their hats.

We’ve never been in any hurry to move him, we offered him the other property as it’s more affordable to run etc. I think I’ll await CHC review and see what comes of that

He absolutely does NOT have the legal right to occupy. I had a similar situation, and the OPG were adamant that sibling could not, as POA, continue to live in the property or use DF's money for his own living expenses.

His mother lived with him and charged him token rent for many many many years - when she had full capacity.

I'd be interested to know who sent the legal letter

Had the sibling lived their all their life? When the owner had full capacity?
Was the sibling a benefactor of the owner’s will and would eventually own a third?

None of that is relevant legally speaking.

There are different rules should mum have to pay care fees in the future by sale of the house where he might have a right to occupy under care fees rules, if he is over 60 etc.

In which case the care fees would be deferred and collected after mums death.

in that case the hose would be sold and the debt paid regardless of the will.

It absolutely is

you do catch that the public office of guardians has said nothing they can do, didn’t you?

op… your fury is wasted.

Come back and update if I’m proven wrong 🤷‍♀️

OP, if your Mum's house needed to be taken into consideration & sold/rented out to fund her care home fees, he would have to move out for it to be sold/rented.
He has no right to continue living there.

There is a policy whereby councils cannot forcibly sell it if there is a close relative living there who is aged over 60.
He is not over 60, so this will not apply in this case.

Does your brother have any disabilities or other (diagnosed) reasons why he has relied on your mother for so long? Does he work? Could it be argued that he is a dependent of your mother?

How is the POA worded? Do the three of you have to agree together (jointly) or can you decide individually (severally)?

What does the ‘legal letter’ say and who wrote it?

The OP would not get involved in this dispute because it is beyond their scope of authority.

this dispute is a civil matter.

No idea who wrote letter, he’s had legal advice but letter signed from him. POA is joint and severally. He always lived there and he worked for some time. Now does not work as such, odd jobs etc. he’s basically lived off my parents for his whole life and it seems to have paid off now!

Yeah, you're wrong. OP, go back to the OPG, since they expressly give this as an example of what isn't allowed.

No disabilities just lazy

And the OPG is also wrong 😆

ok op… all the best. Do come back and update