Hi thanks for your question.
My name is Tony. I can help with this.
The sensible thing to do is to tell them how much was in that second account, but to make clear that this was not her money and is not money that is in her estate. She held this "on trust" for your brother, and it does not belong to her.
That is what I thought - but, if they decided to ask for some of it, would I have recourse in law to not hand if over - ie make them take me to court to explain ! I don't want to get involved and risk becoming a criminal - but feel that as my brothers appointee, I should be doing my best not to let them just take it ! If they do, then his new chair and holiday will be gone through no fault of his own. Is there any agency I can contact on this ? I understand that you cannot get involved but was hoping you could advise me on who could help if they decided to try to claim it.
To be honest, your best bet is to get a solicitor involved to act for you. As you know, I can't do that, but I do think this is the best option.
There is a tribunal that you can approach if you don't agree with any decision of the benefits agency, and you can get details of it here, but you an appropriately worded solicitors letter might be a better option (https://www.gov.uk/appeal-benefit)