problem brother and wife

petemorf

Hi
Im hoping someone can help me and my brothers with this...
In short i am 1 of 4 brothers, we all have POA on mums finance and property. One of our brothers is living at our mothers home with his wife in the guise of "carers", mum is now back in hospital and will be for several weeks. They are under investigation by the OPG for financial abuse and controlling behaviour, also the local social services will be involved on safeguarding issues.

My question is simply , can i serve an eviction notice on them as they are a financial burden to our mother ?

thanks x

Margot123

You say that Social Services are 'will be involved'. Have they had any input up to now?

If not, then call your local council's safeguarding team immediately. You and your Mum will be assigned a social worker, and if the matter is serious enough, a named Police contact. Although MASH will involve the Police anyway as it will be classed as domestic abuse.

Sometimes, the pressure from Social Services can do the trick and hopefully your brother and his wife will do a moonlight flit.

G_M

petemorf wrote: »

My question is simply , can i serve an eviction notice on them as they are a financial burden to our mother ?

In addition to Margot's excellent advice I think you need legal advice.

Thinking aloud, they are not tenants (no rent). Having POA attorney and being family the have a right to occupation as 'Excluded Occupiers' I suspect -though this may not be their status.

EOs normally be evicted quite easily by an owner/tenant/etc with a right to the property. But in this case, who evicts? Another POA? How can one POAs notice be valid against another POA who has an equal right to decision-making?

It might depend whether the POA in 4 names speacifies 'jointly' or 'jointly and severally' ie do all 4 POAs have to agree any action? Or a majority? Or can each POA act alone?

Hence .... get legaladvice from someone who specialises/understands both property rights AND POAs.


Of course, if the OPG and/or SSs and/or police take legal action that would resolve the matter. They might get a court possession order, and/or strip the brother of his POA status (however that is done...)

petemorf

hi, thanks for your responses
i initially raised a safeguard case with the ERYC adult safe guarding team and they managed to ring my mother with the potential abuser in the house.
myself and another brother tried amicably , however we were met with a barrage of abuse "i have an audio for our own protection".to get the POA documents to review, I had seen them before and knew were they where..........Gone......Being held in the bank apparently .....to stop us putting mum in a home......NEVER AN OPTION !!!
I ended up getting another copy from the OPG and getting the financial information we had been asking for.......utter disbelief...
Now the OPG are involved and we pray that justice will be done for our mother who has questionable capacity