Legal advice

Lana1

New member
May 3, 2024
1
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My father is 86 years old and has Alzeimher’s. He is physically fit as a fiddle. My mum passed away in 2019. My husband and my kids (9 and 12) lived a 10 minute walk away. Over the Lockdown, my dad deteriorated and had panic attacks from the isolation. He became paranoid. He asked us to move in as he could not cope with the isolation. He would not move into our house and he has a much bigger house. As a temporary measure we moved in. It was very difficult for a year as the paranoia worsened. My husband was the brunt of this. They had previously enjoyed an amicable relationship. 3 years later we are still here. My dad’s emotional health is much better and we have started to do a bit of decorating to make the house feel like home and done the garden up as my dad likes to be outside.
Financially, we never formalised any agreement and have lived here rent and bill free. We pay for my dad’s food, bits and pieces that need doing in the house ( there has been a lot to do as house had not been maintained for a few years), pay for a cleaner.
We rent out our own house.
Early on, we had offered to pay the bills but my dad had been adamant that he didn’t want that as he didn’t want the tax man to get the money. We have asked him many times over the years but he has always said no.

I have POA and in no way use the money for myself. The money has only ever been used for my dad and the house and garden. We have kept all receipts.

My query relate to whether we have rights as carers or whether we are legally obligated to pay rent?
I have two brothers. One lives about twenty minutes away and want no caring duties and doesn’t really visit my dad at all. May be 4-5 times in a year for 10 minutes. The brother in Dublin has looked after my dad for a few weeks so that we can go away as a family.
The brother who lives close by has been using the fact that we do not pay bills and are profiting from the rental property as leverage to be verbally abusive. He has a terrible temper and can be very scary when he goes off. He wants free rein of the house when he likes. For instance he asked for his male work colleague from Southa Africa to move into the house. We said no as we didn’t want a stranger in the house as we have two daughters. He has been terrible to my husband who has taken on a larger proportion of caring duties.

My husband now wants to move back home as he has had enough. He feels like he has cared for my dad and spent hours on the falling down house with no gratitude.

I don’t really want to leave my dad. One solution is that we get my dad a live in carer. My dad has a habit of cooking potatoes and then forgetting so smoke alarm gets a lot of exercise. He forgets to eat, shower.

I just wondered whether a solicitor can help us understand what legal rights we have as carers.
 

Jessbow

Registered User
Mar 1, 2013
5,840
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Midlands
As his POA you really shouldnt be profiting from him. By not paying anything to the bills you are doing so.

Granted, as you are acting as his ( I assume) unpaid carers there should perhaps be a bit of knock off, but dad shouldnt really be meeting all the expenses.
I think i would have been putting rent money to one side even if he didnt want it, or ploughing it ito the house without strings attached
 

LouiseW

Registered User
Oct 18, 2021
149
0
Hi, I have been in a similar situation to you and from my experience you should go home, I wish that I had considered this option earlier than I did because when we finally got home we realised how much we had sacrificed for Dad and the emotional and financial toll it had taken on us - in addition how vunerable I was as an Attouney.

There is a cruel conflict between being a POA and being a daughter trying to support a parent (especially through Covid ) with dementia when this means merging households and uprooting your life in order to put the parent first.

As a POA sadly you can be viewed as a potential abuser rather than a daughter doing the very best they can under very difficult circumstances and putting their parents needs first.

I wish you all the best but if you decide to stay you need to get some legal advice to protect you from being treated as an abuser. It's so awful that this is what can happen and it is devastating as a carer to be accused of abusing the very person you have been caring for.
 

SAP

Registered User
Feb 18, 2017
1,594
0
I agree with the others, move back home if not for the logistics of finance ( and you could be on a sticky wicket there if your brother decides to report you to social services or the OPG) but also for your family’s sake. If your husband is struggling and you are having aggressive out bursts to deal with this will eventually affect your daughters as well. At some point your dad will need more care as no one can do 24/7 care with out support . By moving home you can get a clearer picture of what your dad actually needs, give your daughters the space they are going to need as they get older ( exams etc) and get your brother off your back.
Live in care is extremely expensive but that will keep your brother at bay as they won’t put up with him demanding space in the house. You haven’t mentioned residential care , if this off the table or is it time you considered that this might be the right move for your dad. It may be his needs are greater now than you think because you are doing it all.
 

Bod

Registered User
Aug 30, 2013
2,003
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@Lana1
Having been in your situation for 8 years, but without the brothers!
Father is getting 24/7 Care for little more than board and lodgings, throw in house and garden maintenance, laundry, etc. he is getting a very good deal, one that won't be bettered by getting Live-in Care.
If you were to return to your house, would father with outside help be able to manage?
Or would a Care Home place be needed?
How would this Care Home be paid for? Sale of the house?
That would reduce/remove any inheritance likely to come you or your brothers way.
As for POA. keep yours and fathers funds very seperate and fully accountable.

Bod.