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???

I have done nothing as yet. Haven’t asked anyone to move. Suggested a cheaper property, 2 bed. My mum didn’t want him there but felt too guilty to make him leave as he had nowhere to go. She told numerous health professionals she didn’t want to live with him. She was admitted to hospital before anything was done about the situation. It wasn’t a healthy relationship and he certainly wasn’t caring for her.

The property you have suggested… is hit local? Currently vacant?

Matters a little complicated by fact he will actually own a third of everything and is a joint benefactor with you and your sis (have you seen the will?)

Ok so that’s reasonable of him at least

Doesn't sound like their mum wanted him there at all, more like he's a nasty bully with a huge sense of entitlement.

I’m increasingly thinking so too
He has lived in this house his entire life! Plus he has now changed the CT to his name

Never ask for legal advice on MN.

I am amazed by the number of posters on this thread who simply don't care about OP's mother at all.

OP's brother may have lived in the house his entire life, but it is not his house. OP tells us her mother didn't want him there but felt too guilty to make him move. Even if she did want him there, that is no longer relevant.

OP's mother is now in a nursing home and lacks capacity. OP's brother has LPA. He is required by law to act in his mother's best financial interests. Instead of doing so, he is continuing to occupy his mother's home. Even if he is now paying council tax and utilities rather than the minimal amount he paid before, it is likely to still be well short of a full commercial rent. So he is continuing to disadvantage his mother financially for his own benefit.

As the mother's will splits her estate equally between OP and her siblings, it is likely the house will have to be sold when she dies to give OP and her sister their share of the inheritance. I can't imagine he will be any more willing to sell the house then. He wants a free house.

He needs to face up to reality. It is not his house. He cannot live there indefinitely, no matter how much he may want to. As he has LPA, he has responsibilities towards his mother. He needs to fulfil those responsibilities.

OP is not the one acting unreasonably here.

Im quite surprised someone with two properties and savings is receiving free care, I doubt that will last and the properties likely will have to be sold.

She wouldn't get CHC funding its incredibly difficult to achieve, especially with savings and two houses to her name.

CHC is for the additional nursing and medical care above what is usual to provide in a care home and is not means tested. The housing and food costs of a care home are not usually included in it and are paid separately and are means tested.

My father did. And very financially strong

Given my mother’s condition CHC was awarded as her needs are nursing and not met by carers etc. I don’t think this will continue due to changes in her behaviour. It had nothing to do with her finances, it’s nhs funding for health needs.

It wasn’t very difficult to achieve due to her high needs

Once granted, it is rarely withdrawn

I'm sorry you are getting some hateful responses here. It must be infuriating to have watched a sibling live off your parents his entire life, while not caring for them, and then seek to continue to do so after indefinitely. It isn't so much the money, but the entitlement and arrogance that would push me over the edge. Please do get legal advice on this. It might seem daunting to do so, but in my experience good lawyers can make a transformational difference to the situation.

This is incorrect. The CHC pays the full costs of the nursing care. That's why it's called fully funded continuing healthcare.

CHC has nothing to do with an individuals finances. Eligibility for it is entirely based on the presenting nursing needs.

They haven't told me to 'jog on' they have completed their investigation the outcome of which is usually 'advice and guidance' for the LPOA.

Rarely are there any meaningful sanctions or removal and only when there is irrefutable evidence. Even then it's the COP who take the action - the OPG have very little power beyond investigation.

Fully NHS funded. Same rules apply as in hospital, you don't pay board and lodgings.
But a pp said that once granted it's rarely withdrawn, that is incorrect. It very often is withdrawn. Even with people very ill, if the qualifying criteria change then you are no longer eligible.

What made it a “legal letter”?

Him just saying he’s been to a Solicitor?

Reread what I said. It does not cover normal care it’s medical care over and above.

Well when it was granted to my father - it covered the FULL cost and was not means tested.

These things always make me uneasy. It's all very well to be up in arms about him living in the house and depleting her assets, but your mother doesn't care, she has no need of the assets, it's all about depleting your inheritance. Which doesn't make you much different to him.

CHC covers the full cost of care and is not means tested. You are muddling it up with FNC which is a nursing "top up" payment of a couple of hundred a week paid by the NHS if nursing care is required, while the resident or LA pay the rest of the fees.

It absolutely is withdrawn. Regular review points happen when the decision to continue or withdraw funding is taken.

In the review meeting we attended, three months after CHC was agreed, family member was assessed to be recovering and not have health needs. CHC withdrawn.
She weighed 5 stone (after being a size 18 when well) and died from her illness 5 days after the CHC funding was withdrawn.