No room for the disabled

ellenGB

Lived here with mum who was my carer since 1968. Being disabled, still haven’t cleared all mum’s belongings. She died May 2020. 

Robin9

Was there any thing in your mum's will giving you the right to live there as long as you want ?

Do you have a live-in carer now ?

Keep_pedalling

ellenGB said:

Lived here with mum who was my carer since 1968. Being disabled, still haven’t cleared all mum’s belongings. She died May 2020. 

You have not answered the question about your position with ownership. We are assuming that you and your sibling have jointly inherited the house you are currently living in, can you confirm this please? What exactly did your mother’s will say about the property. I would have hoped given your circumstances she would have given you a life interest in the property, if not at some point it would need to be sold. 

lisyloo

Sea_Shell said:

If it got as far as court, would the court actually grant a sale order in the circumstances?

Regardless of either parties entitlement.

What’s circs are you referring to? Disability?

without underestimating how hard it is I don’t think disability prevents someone moving or being evicted

ellenGB

Robin9 said:

Was there any thing in your mum's will giving you the right to live there as long as you want ?

Do you have a live-in carer now ?

She left a letter of wishes to that effect. Due to covid and Brexit, carers are hard to find so not yet. 

ellenGB

Glad someone doesn’t know anyone with a severe disability and no supportive family. I can’t even manage basic shopping etc. Reliant on Amazon. Brother and I are tenants in common. I don’t understand a lot except brother not kind. 

74jax

ellenGB said:

Glad someone doesn’t know anyone with a severe disability and no supportive family. I can’t even manage basic shopping etc. Reliant on Amazon. Brother and I are tenants in common. I don’t understand a lot except brother not kind. 

Where are you trying to find a carer? Are you very rural as its very very easy where I am, though appreciate I'm just a small village near a city.

What had your social worker suggested?

I'm not sure you need supportive family, many people don't have any family, you need a supportive network, so companies, organisations, local community etc 

elsien

ellenGB said:

Robin9 said:

Was there any thing in your mum's will giving you the right to live there as long as you want ?

Do you have a live-in carer now ?

She left a letter of wishes to that effect. Due to covid and Brexit, carers are hard to find so not yet. 

It would seem you have eligible needs under the Care Act. Have you contacted social services for support? 

With regards to mum’s letter of wishes - it is just that, a wish. It has no legal standing outside of that. For whatever reason she chose not to give you a life interest in her will, so your brother is entitled to his share, however unfair you feel that is.

Keep_pedalling

ellenGB said:

Robin9 said:

Was there any thing in your mum's will giving you the right to live there as long as you want ?

Do you have a live-in carer now ?

She left a letter of wishes to that effect. Due to covid and Brexit, carers are hard to find so not yet. 

Unfortunately a letter of wishes is not enforceable, your mother really needed to to consult a solicitor, and put it into her will. As it stands your brother could enforce a sale but could only do it through the courts, and they might not come down in his favour.

ellenGB

Social services still haven’t assessed me, a year on.  Have no social worker. No supportive network. Most friends either dead last year, dying or disabled. Been disabled since childhood.  Had no normal life. Mum had a solicitor and knew limits of letter of wishes. She didn’t know her son well. He bankrupted her, wouldn’t contribute to care and instructed carers to withhold oromorph.  She was wrong to trust him.  Lucky me. But I couldn’t let her suffer because of what brother had done.  Never knew he was keeping her in pain.  If she told me, I informed carers who did medication.  Or rather, they didn’t. Read about her crying in pain in records.  Haunts me.  

I have contacted many agencies for live in carer. None available in London right now.  But have room ready.  Sort of.  

Anyway, answers are truly depressing. I have until April to move.  That is what my brother will ask court. Enforce eviction.  But mum was broke and his children were in will and he wants them to inherit.  Thanks for your help everyone.  Pity it looks dire.