A whole new ball game!

[Lady Eleanor]

My mother went into a care home on the 26th January 2019. She is self funding & has savings to last her a few years. She has Alzheimers. This leaves her house that my brother is proposing to move into on a temporary basis. He is going to decorate & take over her bills & the money he will save not paying his current rent will be for a deposit for a new place. We both have power of attorney & are trustees in my mothers will.
I am not totally comfortable with him moving in as this does not benefit me & I feel I need something in writing.
Has anyone had any experience of a similar situation? Any advice would be appreciated.

Thank you,

 

[Beate]

Is he going to pay rent? If not, why not? Are the decorations going to add value to her house so it can be sold? Otherwise it feels like he is just benefitting himself. Has anyone got LPA?

 

[Lady Eleanor]

That is my issue, he is planning to live there rent free & save what he would have paying out in rent. Absolutely no benefit to me. We both have LPAs.

 

[Shedrech]

hi @Lady Eleanor
the main issue is that what your brother intends will mean he is benefitting financially from being an Attorney for your mother whilst your mother is not benefitting at all, and that is against the terms of being an Attorney
saving enough for a deposit to buy a property will take some time, which sounds more than a temporary plan ie one that may last a few weeks
of course he should pay all bills while he lives there and he should pay a fair market rent
I suggest you contact the OPG, put the situation to them and ask for their comments - I had a reply back to an e-mail in about a week, and only waited 20 mins when I phoned - showing your brother what the OPG actually say may make him realise that as an Attorney he has a responsibility to manage your mother's affairs properly to benefit her

 

[canary]

Absolutely no benefit to me.

More to the point, it is of no benefit to your mum.
You cant use POA to benefit yourself and this sounds like what he is doing. If he paid rent which went into your mums savings, this would be OK.

 

[Lady Eleanor]

Thank you. You have both confirmed what I discovered having spoken to the guy that set up our LPAs & my Mum's will yesterday. My brother isn't legally allowed to do what he is proposing because it isn't in my Mum's best interest & is a conflict as a POA. It would also mean he is depriving her of income that would be helping towards her care home fees. We have spoken & are having a meeting with the wills & trusts man who will explain it to him in no uncertain terms. I knew I was uncomfortable his plan but stupidly didn't realise it would have been illegal & should have investigated fully when he first suggested it.