Mo, 49, from Wiltshire, is concerned that his sister, who holds their mother's property and financial affairs power of attorney, is using the family home to benefit her son rather than fund their mother's care. His mother, 88, has vascular dementia and lives in a nursing home costing £1,600 per week, with £38,000 in savings and a house valued at £425,000. The sister charges her 27-year-old son £300 per month to live in the house, while an estate agent estimates a market rent of £1,400. She has also asked Mo to contribute £500 monthly to care fees to avoid selling the house, arguing that 'family look after family.'
Legal duties of an attorney
Sarah Davidson, Metro's consumer champion, explains that an attorney must act in the donor's best interests, keep finances separate, and avoid benefiting themselves or close relatives. Allowing someone to live in the donor's home for less than market rent is considered a gift, which requires Court of Protection approval. The £1,100 monthly gap between the charged rent and market value totals £13,200 annually, money that could fund the mother's care. In England, individuals with capital above £23,250 are generally responsible for full care costs, and the house is included in the means test unless a spouse, dependent child, close relative aged 60 or over, or a close relative with a qualifying disability lives there. The nephew does not appear to fall into these protected categories.
Steps to resolve the dispute
Davidson advises Mo to request a formal family meeting, asking for the care-home contract, a cashflow forecast, the rental appraisal, the tenancy agreement, and a record of all LPA decisions. He should also ask the local authority for a care needs assessment and a financial assessment, as a self-funder is entitled to a free needs assessment. Additionally, checking eligibility for NHS Continuing Healthcare is recommended, as funding depends on the complexity, intensity, and unpredictability of needs, not diagnosis. If the sister refuses to cooperate, Mo can report concerns to the Office of the Public Guardian (OPG), which can investigate attorney misconduct, seek information, take legal action, and apply to the Court of Protection.
Impact and next steps
The mother's care should not be a burden shifted to children to preserve an inheritance. The most appropriate plan funds her current needs, treats family members fairly, and avoids nepotism. Mo should proceed with the recommended steps to ensure his mother's best interests are prioritized and to address the financial discrepancies.
