Legal advice re. brother living in Dad's house after Dad goes into nursing home

[areemhaitch]

Hello, this is my first time posting here as I'm after some advice - I have searched online but can't seem to find a definitive answer.

I will try to keep it brief. This week my Dad is moving into a nursing home as he has been placed on end of life care and has a DNR. This is to be funded by the NHS. My brother has been living with and acting as my Dad's carer for the past 2.5 years, it is my Dad's house, owned outright. Myself, my brother and sister have joint POA (both financial and health) and my Dad's bank accounts that have been paying utilities, maintenance costs on the house and food costs, etc. since my brother moved in with him.

I've advised my brother to stop using my Dad's bank account to pay for food immediately when Dad goes into care and I'm also aware that he will need to stop claiming Carer's Allowance (after 28 days I think)? I'm less clear on how the utility bills should be managed - will my brother now become responsible for these since my Dad will not benefit from paying them from his own accounts? Also, is my brother now expected to pay rent or can he continue to live in the house for free until my Dad passes, which is sadly not likely to be very far off in the future.

I don't know if it's worth adding that my Dad's will leaves his house/savings split equally between me and my two siblings. My brother is in his 30s and my Dad's home is his main home, ie. he does not own or rent his own property anywhere else.

Any advice on anyone who has been through similar or anyone with legal knowledge would be appreciated. Thanks in advance.

 

[Jessbow]

Your brother should be picking up the day to day bills now- anything major to do with the house your father should prob still pay for as he owns the property.

As dad isnt going to have to y his own care home bill, not a great deal to begained by your bro paying rent in the short term, as long as he pays the bills. He's been dads carer up to now- maybe time to give a bit back?

 

[Jaded'n'faded]

He should pay all utilities because he's the one using them not your dad. He should also be paying rent at the full market rate.

You are all joint PoA and must therefore act in your dad's best interests, which would be him getting paid rent from the person living in his house. A PoA is not allowed to benefit financially from their position.

What you'll do when your father dies and the house has to be split 3 ways is another matter - that's going to be tricky if your brother has nowhere else to live and presumably can't buy you out. But you and your other sibling are entitled to your share so he may have to bite the bullet and move out.

 

[areemhaitch]

Thank you both - I have no problem with my brother not paying rent between now and when my Dad passes. He gave up his job to look after my Dad so will need to spend the next few months getting himself back into employment. He knows he will have to move out once my Dad is no longer with us and we sell the house.

I guess I'm just after a definitive answer to the legal question. If he is legally obliged to pay the rent and utilities, is there anywhere on the government website or elswhere that I can find this in writing? I'm anxious to avoid any issues coming up later on down the line if we can deal with them properly now.

 

[Palerider]

Thank you both - I have no problem with my brother not paying rent between now and when my Dad passes. He gave up his job to look after my Dad so will need to spend the next few months getting himself back into employment. He knows he will have to move out once my Dad is no longer with us and we sell the house.

I guess I'm just after a definitive answer to the legal question. If he is legally obliged to pay the rent and utilities, is there anywhere on the government website or elswhere that I can find this in writing? I'm anxious to avoid any issues coming up later on down the line if we can deal with them properly now.

I think the matter if I am not mistaken depends on what agreement you have come to with your brother as in what if anything might constitute a contract in terms of him remaining in the house until matters are sorted should your father pass. It's always best to come to an agreement rather than let things slide and hope it all works out later down the line, which means an honest conversation.

 

[My Mum's Daughter]

@areemhaitch please tell your brother to stop claiming carer's allowance NOW and by that I do mean today.

DWP have told me that anything paid between someone entering care and them being advised, will probably be claimed back. You are correct, he's entitled to a further 28 days payment.

With the rent and council tax for the property, surely he's entitled to help with this? Suggest he contacts his local council offices.

 

[Quite contrary]

I am sorry, but I am pretty sure that he would not be entitled to help with rent and council tax as he is living in a family member's property and therefore cannot legally be regarded as renting, but check with the local housing benefit people or citizen's advice to be sure.

 

[Jaded'n'faded]

You mention your dad's 'house/savings' will be divided equally when he dies and that the NHS is funding his care now. And you all share PoA. If your father's care will be paid for till he dies, there would be no question of deprivation of assets (i.e. your brother paying no rent) or anything like that. So in the end, I think this is all at the discretion of the attorneys. If you all agree he can live there rent free and/or your father continues to pay bills it doesn't really matter, does it? It would reduce the eventual amount of his estate somewhat but if you're all OK with that and maybe want to help your brother out, I don't think anyone is going to object. If your father has debts that would need to be settled on death and lack of rental income would mean he was unable to pay these, then obviously it wouldn't be right.

That's just my opinion. As I said in my previous post, the usual situation is that the person pays full market rent and utilities, etc. so that the person with dementia is not losing money they'd get if the property was rented out on the open market.