03/10/2026
Let's get into this one, because I see this more than people realise.
You had power of attorney for your mum. You moved in, gave up your own place, and cared for her round the clock. No agency carer, no care home. You didn't pay rent either, because you weren't renting a room, you were caring for her full time.
Now she's passed, and your brother's saying that free rent counts as a gift. Under most wills, gifts get added back before the estate splits. So his maths says you owe sixty grand off the top.
[Q1] Quick one. If you were the sibling on the other side, would you actually push for that money? Yes or no, comments.
[ACT 2]
Here's the actual answer. As an attorney, every decision you make has to be in your mum's best interests, and ideally written down at the time.
Living there rent free isn't automatically a gift, and it isn't automatically fine either. It depends entirely on whether there's a record. Written down at the time that this was fair payment for full time care, and this is over in thirty seconds. No record, and it's just your word against his, with a solicitor, or a judge, guessing what was agreed years ago.
[CTA]
This is exactly why you record decisions as you make them, not after. Capacity Vault lets you set up power of attorney with the evidence built in from day one, so if this ever gets questioned, you've already got the answer. Twenty five percent off right now, link's in the bio.
[ACT 3]
Without that record, cases like this drag on for months, and people end up settling and paying back a chunk. Not because they were wrong. Because proving it, after the one person who could confirm it has died, is nearly impossible.
Does that feel fair? Losing money not because you did anything wrong, but because nobody wrote it down.
If you're power of attorney for someone, and you've made a decision you never wrote down, could you actually prove you were right if it got challenged tomorrow?
Let me know. I read every one.