Control of Funding Application

KittyMac

Does anyone know if I can ask a solicitor to handle the application for funding from the council for my mum? My brother and I are her Attorneys and beneficiaries of her will so we both have an interest in her property - making it impossible for us to agree on how to use it to fund her care. My brother wants to remain in the property rent-free and I want him to pay rent or if not sell the property. I am not asking for full market rent just something but he is refusing and now we have had the Deferral Agreement refused by the council as he wont sign a Tenancy Agreement. I think a third party acting only in mums best interest would be a better way to secure the funding then my brother can fight is own corner regarding his claims on the house. Anyone got any similar experience? Ringing a solicitor tomorrow but not entirely sure what I need to ask for.

masonic

If you have concerns that the actions or inactions of your brother are not in the best interests of your mum, then wouldn't it be better to contact the Office of the Public Guardian? If you do not have the authority to take action without his agreement, then neither will a solicitor appointed by you.

KittyMac

We have joint and severall power of attorney and I have contacted the OPG - they wrote to me to say we could not accept below market rent on her property, he says he spoke to them on the phone and said he can. I am now waiting for them to come back to me to tell me if I have to apply to the Court of Protection to get an official response he will accept. i would just like my life back and stop having him send me round in circles!

masonic

You mentioned in your first post that you both have an interest in your mum's property. Unless you jointly own it with her, then you do not yet have an interest in the property. If the three of you are joint owners, then the situation is very different and presumably each of you would have the right to occupy the property without paying rent.

Assuming you just meant that you will both inherit the property, the OPG and potentially the COP would need to make a determination as to whether your brother is abusing the PoA, but based on what you have said he is depriving your mum of an income from the property that she needs. Perhaps he will need to have his PoA revoked and/or be evicted from the property depending on the next steps he takes. I'm not sure where you privately engaging with a solicitor comes into all of this, but it seems like the wheels have already been set in motion and you now need to wait for feedback on the next steps.

KittyMac

Yes, I meant we both inherit whatever is left after mum's care needs are met. I did not really want to have to evict my brother - hoping a solicitor will handle it all for me and that we would be more reasonable when faced with a legal authority but I don't suppose that will be cheap. I find my brother intimidating unfortunately I am a bit of a chicken. I wondered if anyone else had got a solicitor to handing the funding application on their behalf as I cant find it anywhere on google! Will see what they say tomorrow

CKhalvashi

I'm not in the UK at the moment, so can't double check the latest rules.

I am sure that there are clauses that will mean the home will not have to be sold immediately to pay for care as it is his main home.

Hopefully someone will come along with latest advice, as I would need to check the exact rules and do not currently have a paper manual in front of me.

KittyMac

ItCKhalvashi said:

I'm not in the UK at the moment, so can't double check the latest rules.

I am sure that there are clauses that will mean the home will not have to be sold immediately to pay for care as it is his main home.

Hopefully someone will come along with latest advice, as I would need to check the exact rules and do not currently have a paper manual in front of me.

We have had the 12 week disregard applied and have a choice of a loan against the property or selling - i opted for loan but he wont sign the tenancy agreement required but says it because he has not been given one to sign! He wont agree a rental figure to put in it so the council ran out of patience and refused the application.

masonic

KittyMac said:

Yes, I meant we both inherit whatever is left after mum's care needs are met. I did not really want to have to evict my brother - hoping a solicitor will handle it all for me and that we would be more reasonable when faced with a legal authority but I don't suppose that will be cheap. I find my brother intimidating unfortunately I am a bit of a chicken. I wondered if anyone else had got a solicitor to handing the funding application on their behalf as I cant find it anywhere on google! Will see what they say tomorrow

Yes it's sad when these sort of disputes happen and someone doesn't see the impact they are having. Trying to pursue legal action against your brother independently of the OPG would seem unwise at this stage, and spending your mum's money on this unnecessarily would not be in her interests. Getting a solicitor's assistance in filling out the funding application is another matter, and would be a reasonable action to take if you would struggle to do so yourself, but that doesn't seem to be the problem here.

It would be worth posting to the Marriages, Relationships and Families board for further responses, as this isn't a topic people would expect to find on Savings & Investments:

https://forums.moneysavingexpert.com/categories/marriage-relationships-families

Thrugelmir

Your brother has no claim to a share of the property until your mother passes away.  In the meantime your actions should be in the best interests of your mother. If your brother commits fraud. Then drop him in it. As your mother deserves better. 

KittyMac

Thank you all - apologies I did not realise I was in Savings and Investments!

soulsaver

Citizens Advice may be a cheaper first option 3rd party.