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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My brother and I have a younger alcoholic brother- everything

Customer Question

my brother and I have a younger alcoholic brother- everything has been done for him in terms of rehab;thousands of pounds ; he's not going to get over it and is quite ill now.
has come back from abroad - our elderly frail mum supports him
we love him and don't want to be cruel but how do we stop him inheriting to waste it away#both brother and I happy to see him inherit equally with us but how can we control it so he doesn't end up with nowhere to live; we both have families
mum knows situation and would change her will so we both have power but I don't want to upset her
do we get a power of attorney over his affairs or what
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does your brother have mental capacity?
Clare
Customer: replied 2 years ago.

Dear Clare

Yes, I would say he does have mental capacity;my mother says he forgets things and is not quite 'with it' and obviously his mental capacity is deteriorating ; he was a very intelligent, clever young man. When sober, I would say he does have capacity at this time. He knows our concerns , he might well agree to sign something letting us have control over his affairs but I really want to know how to protect him so he has a place to live and income if the worst happens. Obviously that will happen soon as our mum is not in good shape. We each inherited £50k from my father when he died (parents separated); he spent it all and gave it away.At that time I felt we should have done something but we didn't so I know the same will happen again with substantially more.

There is no way me and my brother want his share - we love him dearly but he can't look after himself, it's about caring for him.

Thankyou.

Emma XXXXXX

Expert:  Clare replied 2 years ago.
Hi
Unless your brother is willing to sign a Lasting Power of Attorney which allows you to deal with his finances then I am afraid that the only option is for your mother to change her Will and create a Trust to hold his share .
You and your other brother can then be Trustees and deal with his Inheritance on his behalf.
Your mother will need face to face advise from a solicitor with experience in this area
I hope that this is of assistance - please ask if you need further details
Care
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