Daughter Awarded £127,000 for Caring for Mother With Dementia After Legal Battle

Bern Rogers has been awarded £127,500 after caring for her mother, Sheila Wills, for two and a half years at home. Mrs. Wills, who had dementia, had expressed a preference to live with her eldest daughter rather than move into paid care.

Following Mrs. Wills's death, a dispute arose within the family. Mrs. Rogers had taken £100,000 from her mother's bank account after her death, which led to her prosecution for fraud and theft. She was acquitted of these charges following a jury trial.

Mrs. Rogers then initiated civil proceedings against her brother, Andrew Wills, the executor of their mother's estate, seeking £135,000 for the care she provided. The High Court ruled in her favor, determining she was owed £127,500 for 850 days of care.

After the initial ruling in the summer, the estate indicated it would appeal the judgment. Mrs. Rogers has since shared her relief, describing the legal battle as "harrowing and deeply sad."

She stated that her mother had been insistent about ensuring she would be compensated for her care. Although no specific amount was agreed upon, Mrs. Rogers felt it was reasonable to withdraw £100,000 from her mother's account to cover the costs. She characterized being reported to the police as a "terrible and devastating betrayal."

The family noted that their lives were significantly impacted, with one family member always needing to be present to care for Mrs. Wills. Towards the end of her mother's life, Mrs. Rogers reportedly slept on the floor to ensure her mother's well-being.

Legal experts have commented on the significance of the High Court's decision. Kate Harris, Partner at Birketts LLP, suggested that the judgment indicates courts may be willing to intervene in such cases if there is sufficient evidence of an agreement or mutual understanding that care would be paid for. She added that it would be unjust to assume care was provided for free within a family if there is credible evidence of a parent's intention for financial recognition.

John Gorner of Slater Heelis Solicitors noted the case's growing importance given the aging population and rising care costs. He indicated that courts might award market rates for care if an agreement for payment was made before the care commenced. However, he also clarified that Mrs. Rogers provided care at a significant personal cost.

Ms. Harris anticipates an increase in claims against estates following this case and advises that any arrangements for compensating family members for substantial care should be documented in writing to prevent prolonged litigation and family disputes.