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Selling the family home for elderly parent's care, dilemma.
Comments
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OPs mum might still need the money to fund care. If the house is exempt due to disabled relative living in it could it be sold to buy a small flat for brother and the rest go towards care costs, if OP and mum wanted that.
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In preparation for obtaining legal advice, do look into what Keep_pedalling says. If your mum has sufficient other assets to fund her care home for many years to come, what you do with the proceeds of her house has a lot less relevance than if she's going to run out of liquid assets and income later this year.
And also - while you don't have to tell us - do think about who is going to care what happens to her assets. Has she made a will, and if she has who are the executors and beneficiaries?
you might be able to work out where I'm going with this. If it's just you and your brother, and Mum's will splits everything between you, do you care if your 'half' is less than it might have been because of actions you've taken as Mum's attorney before she dies? Especially if you've taken those actions on the basis that "Mum wouldn't have seen him homeless, she'd have insisted on buying him a small flat, and there was plenty of money to keep her in a good care home even doing that."
OTOH if you also have another sibling who will care very much indeed if their 'share' appears to have been used to support brother …
Another thought, mind you: your brother is old enough that renting sheltered accommodation might be a possibility, and if you find somewhere through the local authority or a housing association then I think he should be assigned a Housing Officer who would (try to) make sure he kept on top of claiming HB, paid his bills and didn't get himself evicted. And while obtaining regular social housing generally involves a very long wait, there's a regular turn around in sheltered housing, for obvious reasons.
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