Evicting vulnerable adults because of a TCPA section 215 notice

rabbituk

ArbitraryRandom said:

I also wonder if this court date would be an opportunity for you to progress this issue constructively? 

I hope so. All that is desired from the council is that the property is tidied up. We are aligned on that but it is just how I can practically get to that done that is the issue.

Thank you for alerting me to the idea of getting a court to bless my decision, definitely something to consider.

rabbituk

Annisele said:

Is the other trustee a professional trustee? I know you say they're only really involved "as an oversight" - but there's an argument they should have started overseeing well before this got to the point of anybody being prosecuted. They really should be helping you with this!

The other trustee is my father who is also the donor. However his age and health mean that he does not have the energy to manage this. Succession is going to be an issue down the line as I've been advised by a family friend who used to be a solicitor that I may have trouble finding somebody to carry this burden given the difficulties that we've faced to date.

I will call social services on Monday to ask if my brother has a social worker. I suspect not but it's another avenue I have to try.

ArbitraryRandom

rabbituk said:

 Succession is going to be an issue down the line as I've been advised by a family friend who used to be a solicitor that I may have trouble finding somebody to carry this burden given the difficulties that we've faced to date.

Would a trust company be an option (you haven't indicated the value of the trust's assets and if it includes investments to maintain the property which could be used to pay trustee related costs)?

One example from google: https://www.cairntrusts.co.uk/fees.html 

They're not cheap, but as professionals they should have experience with managing issues such as this - and it's arguably in your brother's best interests for you to step down if it's going to continue to be difficult to maintain the property (if part of the issue is the family dynamic). 

A more traditional option would be a solicitor, but they might outsource the property management side, which would be at additional cost. 

Annisele

I think you're right to identify succession planning as an issue. It might already be an issue if there's anything in the trust deed that requires two trustees to act together. There's also no guarantee whatsoever that your brother will predecease you, and it sounds like if you were to be run over by a bus tomorrow / incapacitated in some way then both your brother and your father would have difficulties.

You don't need to disclose anything about your brother's disability on a public forum, but there might be a charity that supports people in his situation (and their siblings/others helping them). For example, Mencap Trust Company can act as a trustee in some circumstances (though not usually of existing trusts), but there might be more appropriate charities for your brother.

peterhjohnson

rabbituk said:

The council said that they wouldn't issue proceedings whilst I was getting power of attorney but a month later without any further communication as to why they reneged on the promise and issued a formal notice knowing full well that I was waiting for the OPG to register the LPA - this takes a long time. 

I wonder if submitting a formal complaint to the Council about this might wake them up and have them behave more reasonably?

elsien

rabbituk said:

Annisele said:

Is the other trustee a professional trustee? I know you say they're only really involved "as an oversight" - but there's an argument they should have started overseeing well before this got to the point of anybody being prosecuted. They really should be helping you with this!

The other trustee is my father who is also the donor. However his age and health mean that he does not have the energy to manage this. Succession is going to be an issue down the line as I've been advised by a family friend who used to be a solicitor that I may have trouble finding somebody to carry this burden given the difficulties that we've faced to date.

I will call social services on Monday to ask if my brother has a social worker. I suspect not but it's another avenue I have to try.

 If he has a mental health diagnosis he might have a care coordinator rather than a social worker.
I am wondering about the LPA though because you said earlier the doctor said he had capacity, so the health/welfare LPA should not then be effective. Maybe that is something that you need to clarify.

theoretica

What sort of trust is it legally?  Because you may have duties as a trustee to act in your brother's best interest - which are here in conflict with yours.

Have you tried quoting the disability act at the council?

How long would the work take?  No way you could get your brother to go on holiday or something and work to start the moment he left?