Obligations 19 August 2022 at 5:22PM in Deaths, funerals & probate 35 replies 2.3K views

Matey123

This maybe not in the right category as my Mum has not yet died but is in a Care Home.  If anybody can advise I would be extremelty grateful.  My Mum went into a care home in December 2020, apparently under respite care.  Before that and up until now my younger sister (there are three of us me being the middle) remains living in my Mums account.  We are now faced with an outstanding electric bill of £2300 and my Mum is on a STANDARD tarrif - I have pointed this out to both my sisters but they have not done anything about it.  My question if anybody can answer is legally to what extent am I liable for this debt?

Grumpelstiltskin

Right some more details please.

Does your Mum own or rent her home?

Is your sister living in her house?

If so why hasn't she been paying the bill?

Is the bill in your Mums name?

Keep_pedalling

The money is owed by the occupant who is using the energy. Your sister should have should have informed the supplier that your mother had moved out and set up a new contract. The same should also have happened with the council tax.

Does anyone hold power of attorney for your mother?

elsien

Does your mother have capacity around her financial affairs? Really, at the point she moved out and it was clear she wasn’t coming back, the people  at the address should have shifted the utilities etc into their names. What have they done about the council tax? 

sheramber

Why would you be liable for  the debt ?

elsien

sheramber said:

Why would you be liable for  the debt ?

Because she’s one of the people living in the property that mum has vacated? 

Robin9

Could some of this £2300 be debt that was owed in December 2020  ?

Pollycat

elsien said:

sheramber said:

Why would you be liable for  the debt ?

Because she’s one of the people living in the property that mum has vacated? 

I read the post as it's just the younger sister living at Mum's ex-house.

Matey123

To answer some of your questions . All three sisters have power of attorney.  My Sister has not notified anyone that my Mum is in a home, the home is in my Mums name.  My sister also has her own house that her son is living in.The £2300 debt is debt built up over the last year.  My sister and her husband have been living in the house, firstly before December 2020 as her carer but even since then up until now.

Keep_pedalling

Matey123 said:

To answer some of your questions . All three sisters have power of attorney.  My Sister has not notified anyone that my Mum is in a home, the home is in my Mums name.  My sister also has her own house that her son is living in.The £2300 debt is debt built up over the last year.  My sister and her husband have been living in the house, firstly before December 2020 as her carer but even since then up until now.

So the debt is entirely your sister’s. As an attorney I would write to the energy company and inform them of the date your mother moved into care and the names of the current residents. You might also like to check with the LA who is being billed for council tax.

We have had situations like this before on this board and I suspect your real trouble will start when you mother dies or the house needs to be sold to pay care costs, and she won’t move out.

Grumpelstiltskin

OP You titled you post with the word obligations. Does your sister not realize she has obligations to pay for the utilities she is using, or does she think your mother will still pay although she is in a care home?