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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Sorry, I need someone to consult about a family relationship matter. I am concerned about

Resolved Question:

Sorry, I need someone to consult about a family relationship matter. I am concerned about my elderly Mother, she is living with my brother, who I think is taking drugs. He helps himself to her money and debit card and is causing her financial hardship. I would like to separate them in as amiciable way as possible, but I think that I may need to take some sort of restraining order out against him.
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.May I ask does your mother still have mental capacity please to make decisions for herself?Do you or wnyone else hold power of attorney for her?Have you made any third parties aware of the position?Have you discussed the matter with your mother? Does she wish to take any action?
Customer: replied 1 year ago.

1. Yes, my Mother does still have full mental capacity.

2.No, neither myself or anyone else holds power of attorney for her.

3. The local Social Services are aware of the situation and have met with my Mother, but she was reluctant to follow their advice, which was to put my brother out of her home, as she was hopeful that my brother will improve.

4. Since yesterday my Mother's attitude to my brother has changed somewhat and I would like to explore all of the options open to her. During a conversation that I had with her yesterday I suggested that the only way to stop what is happening is to stop them from living together. My Mother agreed with this.

Customer: replied 1 year ago.

Hi, I have managed to click on the not satisfied button by accident. Sorry, this is not the case, as no one has replied yet!

Expert:  Joshua replied 1 year ago.
Thank you. The appropriate course of action possible depends on whether you mother wishes to "help herself" and take steps herself in respect of your brother or whether she is either unwilling/unable to take these steps. From what you say I understand that your mother is prepared to take steps herself at this stage if she considers it necessary. Do I understand this correctly?
Customer: replied 1 year ago.

Yes, that is correct.

Expert:  Joshua replied 1 year ago.
Thank you. Finally could you tell me if your brother pays your mother rent for occupation?
Customer: replied 1 year ago.

He does pay her money towards food, but I am not sure whether he pays rent as such.

Expert:  Joshua replied 1 year ago.
Thanks. That your mother is willing to deal with the matter herself (with or without assistance of third parties) makes the position simpler.If your brother shares occupation with your mother at the property then his position is that "excluded occupier". This gives him very few rights of occupation. If he pays rent (and it may be wise to assume he does for the benefit of doubt then he is entitled to notice equivalent to the period of his rent payments (so for example if he pays rent monthly, he is entitled to one month rent). If he does not pay rent then he is entitled to 28 days notice under the Protect of Eviction Act. Notice must be in writing. following expiry of the notice your mother may simply change the locks whilst he is out or otherwise deny him reentry. If she believes this may lead to a breach of the peace, she can contact the police to attend. She is responsible for keeping his possessions safe and arranging a suitable convenient time to return those possessions though she does not need to readmit him to the property in order to collect them. In terms of money that has been taken, if your mother wishes to pursue it, she could make a complaint to the police who may prosecute depending upon the evidence available. In addition alternatively, if there is evidence that he has taken money, she could issue proceedings in the County Court to recover the money taken. If she wishes to do this, the simplest way is by using the courts online issuing service:https://www.moneyclaim.gov.uk/web/mcol/welcome If following the above, your brother refuses to leave you alone, then the simplest approach would be for your mother to make a complaint to the police of harassment. The police have powers to initially warn your brother in respect of the same and if necessary, they can impose the control order restricting him from coming to your mother's house. It is also possible your mother to seek and order in the civil courts restraining your brothers actions but if the police are willing to assist as would likely be the case with a vulnerable adult, this is likely to be the simpler approach. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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