Advice please: Using Power of Attourney to evict abusive family member (LONG!)

gazjam

Hi, long post, sorry(!) but Im worried sick.

As above...I have legal POA for my Dad and want to remove my abusive alcoholic younger brother from Dads house.
(Note, My Dad owns the house and my Brother is technically a "lodger" as he is not on the missive.
Whats my options and how do I proceed?
* Write "Reasonable Notice" letter on behalf of my Dad?
* Would Police throw him out on my say so after verifying POA?

Anything else I can do?
Thanks!

*EDIT*
Phoned Police they say its a Civil matter and wouldn't do anything to remove my Brother without a Court Order, meaning Solicitors etc.
Even though I have POA I dont hold the clout of "the homeowner" and cant ask them to remove my Brother.
*Sigh*
Damn...

BACKGROUND

I am concerned for my dementia suffering Fathers safety and health - my alcoholic brother is living with him for last two years after our Mum died and he came up for the funeral.

1 Year ago an Adult Protection Order was raised by myself to Social Work when I found out my brother had kicked and hit my Dad.
Dads a kind of “anything for a quiet life” kinda guy and puts his head in the sand rather than deal with problems.
This has gotten worse after my Mums passing and after he was diagnosed with Dementia.
He has also been deemed to be unable to assess his welfare and risks by the Consulting Psychiatrist treating him. I do the weekly shop for him and other things around the house and he is struggling.
Mum passed just over two years ago, and my brother came up to Scotland from down south for the funeral.
Dad never recovered from the grief and in fact has been diagnosed with dementia in the last year and a half. His condition is getting steadily worse and he is becoming more venerable.
It was in March this year that this became a concern and we had a chat and we all agreed that putting Legal Power of Attorney in place was a good idea as my dad’s memory was slowly slipping away.

My Dad (77) originally asked my Brother to stay in the house with him after the funeral as he felt alone and hoped this would make it easier for him.
In an ideal world…great, but My Brother is an aggressive alcoholic aggressive and is abusing him verbally and psychologically.
A couple of times it has been physical and I’m worried what may happen next.
Brother is in his 40's, is being medicated for mental health issues and anger management and can be very volatile when drunk.
He had been out the house for over 15 years, and was told before to leave due to his excessive drinking and aggressive behaviour.
He has had alcoholic problems and anxiety/anger issues all his life.
I believe (and I've seen it with my own eyes) that he is taking drugs as well as drinking.

Stress and anxiety of my Brothers behaviour has already put my Dad in hospital with a suspected heart attack (chest pains were down to hypertension and stress/anxiety), He's brought my Dad to tears on more than one occasion and last night was the final straw, where in a drunken rage he CHALLENGED MY DAD TO A FIGHT when a Care worker was there giving my Dad his meds.
The Care Worker witnessed this and fearing for my Dads safety reported it to the Police.
He is putting Dad in an early grave and I can’t sit back and watch my Dad wither away like this.

I have Power Of Attourney for all matters including Property, my Brother doesn’t pay rent or contribute to any bills, just turns up every few days and sleeps off the drunks, sleeping all day and giving abuse to my Dad.
As my Dad doesn’t have capacity to assess risk to himself (Even last night he was saying that my Brother “Didn’t mean it and was only kidding” and also that he would deny anything happened, EVEN THOUGH IT WAS WITNESSED tells me this is indeed the case.

NEVER WANTED TO HAVE TO USE THE "NUCLEAR OPTION" BUT I FEEL I HAVE NO CHOICE NOW. I WANT TO USE POWER OF ATTOURNEY GRANTED TO ME TO ACT ON MY DADS BEST INTERESTS TO REMOVE MY BROTHER FROM THE HOUSE.

See the top of this post for some options I think I may have, are there any more and how easy is it to remove my Brother on teh grounds of risk to my Dad?

Thanks.

[Deleted User]

You can find out if your dad's local social services has a vulnerable adults department and report the situation to them. They may be able to act to protect your father. You could also discuss a referral with your father's care worker.

AnotherJoe

Change the locks when he's out.
As its civil matter, then by their own words the police cant intervene .
Put his belongings in some suitcases in a dry place, maybe a garage maybe a storage facility and give him the key.

[Deleted User]

Problem is Dad will probably let him in again.

TBagpuss

change the locks, and talk to a solicitor about getting an injunction.
I gather from your references to the missives that you are in Scotland?
I'm not sure how the law differs to that in England, In England, if you are able to get an injunction the police could arrest your brother if he broke the injunction order. It's worth checking with a solicitor whether the same is true in Scotland, and whether you, as your father's attorney, can apply on his behalf and for his protection.

davidmcn

TBagpuss wrote: »

change the locks, and talk to a solicitor about getting an injunction.
I gather from your references to the missives that you are in Scotland?
I'm not sure how the law differs to that in England, In England, if you are able to get an injunction the police could arrest your brother if he broke the injunction order. It's worth checking with a solicitor whether the same is true in Scotland, and whether you, as your father's attorney, can apply on his behalf and for his protection.

Much the same principles apply. I agree it will need a court order (assuming the brother isn't willing to see sense voluntarily). The POA should be sufficient for the OP to apply in the father's name.

elsien

Take it straight back to safeguarding via social services.

xylophone

Is it time to consider a care home for your father and selling the house?

Mojisola

gazjam wrote: »

1 Year ago an Adult Protection Order was raised by myself to Social Work when I found out my brother had kicked and hit my Dad.

My Brother is an aggressive alcoholic aggressive and is abusing him verbally and psychologically.

A couple of times it has been physical and I’m worried what may happen next.

He's brought my Dad to tears on more than one occasion and last night was the final straw, where in a drunken rage he CHALLENGED MY DAD TO A FIGHT when a Care worker was there giving my Dad his meds.

The Care Worker witnessed this and fearing for my Dads safety reported it to the Police.

The police might not be interested in helping you to evict a lodger but they have to get involved when violence is being done.

As others have said - contact the social workers safeguarding team and get an injunction to prevent contact between your brother and father.

If your father is going to keep letting him into the house, you may need to consider residential care or some kind of sheltered housing to keep him safe.

tlc678910

Hi,
I'm sorry about the situation that you and your father find yourselves in it sounds awful.

I agree that you cannot resolve this alone. Get what help you can from the police, social workers, any charities that can offer advice (age concern?). Would your father agree to move somewhere sheltered? Would the social workers be able to influence finding alternative accommodation for your brother? I think you need your brother out of the way so you can sell and get the best price for your father to fund him living somewhere that he is safer.

Tlc

gazjam

Thanks all for the replies, some very good advice there.

I have been speaking with Social Work and they have raised a second Adult Support and Protection order, which opens up avenues to get my Brother out.
My Brother has submitted a housing application form, thats an area that they can chase up.

They advised to to seek an Interdict to put distance between my Dad and brother.
Can I get freee legal advice on this anywhere?
Can I get legal Aid for the Interdict that as I am not working at the moment?

deannatrois wrote: »

Problem is Dad will probably let him in again.

Sadly...this is true.

xylophone wrote: »

Is it time to consider a care home for your father and selling the house?

I've thought about that, but Im trying to retain as much normality for Dad as possible, and he would be OK if stresses n strains of my Brother weren't there. Also It would break my Dads heart to move out of his home, he's been there all his adult life, memories of my Mum etc and it would finish him.

SO...
I shall see how things progress with Social work and in the meantime I will look into an Interdict Order.
Perhaps with the fact Adult Support order in place and Social Work is on the case the different things will come together hopefully for a good result.
...Get him out.


Thanks folks.