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???

rarely withdrawn

I think you may have misinterpreted what the opg said, there’s noting they can do as in then can’t issue an eviction notice but the court of protection absolutely can. In these circumstances they will act quickly as it is not a pressing matter but if the house needs to be sold then they will be able to authorise the eviction

Not even rarely…quite often.

We get it, we are making funding decisions for LA’s/NHS too. There is not enough money to meet everyone’s needs.

Rarely

why? Because the threshold for acceptance is very very high and in those cases - any kind of meaningful improvement is very rare

This

Thanks you are right. Apologies all.

Good on you

He will have been advised to do that by a lawyer. Because paying the utilities will help his claim. Likewise OP will find him doing 'maintenance' on the property, because that also glues him to the house.

CHC is withdrawn. Not rarely and not often but somewhere in between.

It's withdrawn when the criteria is found to no longer be met. How often that happens depends on how proactive the CHC team in that area is at reviewing the care plans they are responsible for.

It absolutely is not rarely withdrawn. It is constantly assessed.
What happens is a person who previously had challenging behaviours becomes bed bound, moribund.
Through illness progression or (i would want this) increased targetted medication.
Consequently no longer requires/is not deemed to require the supported of a Registered Nurse.
So they get hoyed off into the Pit of minimum wage carers.
At the stroke of a pen.

Professional carers should be recognised in the way that HCA's are. They should be trained, regulated and paid.
It's a profession too.
A much maligned and underrated one, to boot.

What would your mother have wanted? She was okay with him living there for a token amount of rent. Where do you expect him to go? He has lived there his whole life. I assume you and your sibling have homes to live in? Let him live there as he has been for the whole of his life. There is more life than money and inheritance. I think you’re being pretty heartless to be honest.

OP tells us her mother wanted him out but felt too guilty to make him leave.

He has sponged off his mother all his adult life. He is now required to act in his mother's best financial interests but, instead of doing so, he is continuing to sponge off his mother.

We know that OP's mother's will leaves her estate divided equally between OP and her two siblings. The home will have to be sold in order to fulfil her wishes. He will have to leave at that point. But perhaps you think OP's mother and her wishes are irrelevant.

The reality is that this is not his house. He cannot insist on getting a free house. At some point he will either have to buy the house himself or move elsewhere. OP is not being heartless at all. She is being realistic.

The OP has told the public office of guardians presumably everything she said in this thread - and the PO was clear that nothing can be done

No, the OPG said they needed evidence and that, without it, they wouldn't be able to help. That is very different from saying that nothing can be done.

If you read the full thread you would see that she has wrote back to them late last week asking them to clarify what evidence they need. And even if OPG won't take action, it is possible for OP to do so herself.

Shouldn't make any difference. As mother is still alive, her will is irrelevant (although it does mean the house will have to be sold eventually unless brother can afford to buy his sisters out). All that matters at the moment is that he is required to act in his mother's best financial interests. It is hard to see how continuing to live in her house on the cheap meets that requirement.

Nonsense. The will makes no difference because the owner is not dead

Gosh there’s some
nonsense on this thread and I think it’s triggering someone who keeps giving themselves away by referring to a benefactor.
OP - what prh47bridge says is absolutely correct.
You have a legal duty as the attorney to ensure that your mother’s assets are looked after if she has lost capacity to do it herself. Ignore any poster who accuses you of looking after your own inheritance. You are under an obligation to act in her best interests, which isn’t “what would mum do?” but more “how can I best look after her money to benefit her?”. You have no obligation to look after your brother’s interests as he has capacity to look after his own.
Finally, (for other posters who seem a bit sensitive in this situation) a benefactor is somebody who gives money. A beneficiary is one who receives.

He also has equal POA and has the same responsibility. He could absolutely argue that maintaining her house with her funds is a sensible use of her money and protection of her assets.

You could try to make an argument, but that won’t make it true.

It could be. Maintaining her property to protect its value for sale to pay care fees or preserve the estate is a responsibility of the POA.