Who 'owns' the house?

[Turkish Delight]

I remember the initial resentment (losing my inheritance) that Mum would have to pay for any care needed in the future, but have realised that she (we) have the luxury of affording whatever suits her best, when she needs it. So, when I find that my brother wants to put the house in his name, I am struggling to control my anger.
Yes, I've been through the emotions of 'why should he get more than me' 'it's not fair' sibling rivalry, the corruption of money, and also my maternal instinct 'why should his children get more than mine'. I thought I had come out the other side- perhaps not.
My brother, age 56, has lived in Mum's house for 10yrs, due to his own circumstances. Due to lifestye choices, he has defaulted to being her carer. He pays no rent. We have 'joint' POA for finance and property.
My question is this - if/when Mum goes into a care home either permanently or for a period of respite, does he assume ownership? Can he transfer the deeds to his name? Can he move in his currently(?) estranged wife and family who rent their home? Can he move in his drunk homeless mate?
What rights do I have to control this? I live 5 hours away on a good flight day, 1-2 days if I drive safely. I dread arriving at Mum's after work and finding someone in the house that I had to get the police to remove in the summer when I couldn't face living (during a career break) with 2 alcoholics and a demented old woman.
Thank you for your patience and understanding for reading all this.

 

[Louise7]

If you have joint POA rather than jointly & severally - meaning that you have to make decisions jointly rather than separately from each other - then your brother can't legally make decisions such as changing the house deeds into his name without your agreement. He also, as attorney, has to ensure that all decisions are in your Mum's best interests, as do you. This is assuming that your Mum is deemed to have lost mental capacity.

 

[Bod]

Firstly, how quickly will the house need to be sold to pay for care?
Secondly, whose name is on the deeds?
As POA's it is yours and your brother duty to work in the best interests of mother.
To pay for care, the money raised from the sale of the house, will be used, should mother die before it's all used, then the remaining money will be distributed as per her will.
Failure to follow this will be deemed by the LA as Deprivation of Assets, and they can and will come down hard.
Brother (unless he is a "disregarded person") needs to be warned, he will have to find other accommodation.

Bod

 

[Turkish Delight]

Thank you for your prompt replies.
I think care will be needed, at least for respite, sometime early this year. My logical side finds this appropriate, my emotional side is horrified at the prospect.
The house is currently in my parents' names (father deceased many years ago). Gov.uk site makes it look easy to transfer deeds.
I have told brother about deliberate deprivation of assets. Mum has money in investments that would pay for a reasonable duration of care. Mum's capacity fluctuates.
I feel I am turning into a nasty wee b**ch of a sibling, but after a weekend of learning that he is giving off to her about losing her handbag, giving her wine to keep her quiet, and I can't find her current dosset of medication which included her newly started donepezil, and I can't face his elaborate 'explanations', I need to rant and you wonderful understanding and painfully knowledgable people are my safe place to do so.

 

[istherelight?]

Thank you for your prompt replies.
I think care will be needed, at least for respite, sometime early this year. My logical side finds this appropriate, my emotional side is horrified at the prospect.
The house is currently in my parents' names (father deceased many years ago). Gov.uk site makes it look easy to transfer deeds.
I have told brother about deliberate deprivation of assets. Mum has money in investments that would pay for a reasonable duration of care. Mum's capacity fluctuates.
I feel I am turning into a nasty wee b**ch of a sibling, but after a weekend of learning that he is giving off to her about losing her handbag, giving her wine to keep her quiet, and I can't find her current dosset of medication which included her newly started donepezil, and I can't face his elaborate 'explanations', I need to rant and you wonderful understanding and painfully knowledgable people are my safe place to do so.

Hi @Turkish Delight and sorry that you find yourself in this situation. I have read your other post as well, asking if you have done the right thing, and I would hope that the involvement of Social Services might help with all these problems. I did have a couple of thoughts.
On the legal side, when my father died he left a will whereby everything went to my Mum. The solicitor then did the necessary paperwork so that only her name was on the deeds. That made it quite clear whose house it was.
It also made it much easier when we had to sell her house to pay for her CH fees.
Trying to put the house into anyone else's name would have all sorts of ramifications.
For your Mum's welfare, Social Services are now aware, and they can be very supportive. I hope they can support you all.