Power Of Attorney

[hannah40]

I am POA for my mum but my brother has asked my mum for £2.000 she said yes and phoned me to tell me I said I can’t gift your money unless it is for Christmas or birthdays.
I gave my brother money 8 weeks ago and said there is no more as we need it for mums care but now he is asking her again.
When I tried to explain that I help with her money she said it’s my money and I can do what I like with it.
She is 90 with memory loss.
My brother has a 2nd home that my mum has financed over the years for him even though he is on benefits and has a council flat.
It makes me cross as I’m providing all the care to my mum while he is lazying about in his caravan.
I’m at a loss what to do.
Any ideas?

[Buenchico]

I remind you of Barry1010's post on your previous thread:
https://www.theanswerbank.co.uk/Family/Question1741845.html

If your mother can't afford to give the money away because she will need it for her care, you would be acting unlawfully (potentially risking prosecution and/or having to pay back the money to your mother's account out of your own) if you were to let your brother have it.

Do your best to explain to your mother that, if the money isn't there in her account (when it should be) to pay for her care, YOU could very well end up having to pay that element of it yourself. (i.e. in the end, it wouldn't be your mother who was giving money to your brother but you).

Either try to similarly explain your position to your brother or simply tell him to take a very long jump off a very short pier!

[hannah40]

Thank you . I have re read it .
It is trying to explain it to my mum. I feel on the phone my brother makes her feel guilty by not doing what she has always done by giving him the money.
I’ll print it out and give it to her.
Thanks again.

[Smowball]

Completely agree with buenchicho.

[johnk]

Say NO

[barry1010]

Does the council know he has a second home? Are his benefits mean tested?

[hannah40]

I’ve said no my mum who has dementia has said yes and says I shouldn’t be mean he is family.

The council are aware of 2nd home as my mum has always paid for it.
Now has come the time to give up 2nd home and help me look after
her.

I’m typing out the POA rules now a simpler version to give to my mum and brother.

[barry1010]

As a last resort you can apply to the Court of Protection for a decision ttps://www.gov.uk/oneoff-decision-personal-welfare

[barry1010]

https://www.gov.uk/oneoff-decision-personal-welfare

[bednobs]

Does she have the capacity to make some decisions? Just because you think it unwise, doesn't mean she can't make it