A woman who cared for her mother with dementia at home for two-and-a-half years has been awarded £127,500 following a legal dispute with her brother over payment for the care.
Bern Rogers provided care for her mother, Sheila Wills, between 2017 and 2020, after her health deteriorated and she became unable to look after herself.
The High Court ruled that Rogers was entitled to payment for the 850 days she spent caring for her mother. The judgment followed a separate legal case in which Rogers was acquitted of theft after taking £100,000 from her mother’s bank account following her death.
The estate initially indicated that it would appeal the civil judgment after Rogers won the case over the summer.
Mother Insisted on Living With Her Daughter
Wills, a mother of nine, had become increasingly frail and forgetful but wanted to live with her eldest daughter rather than pay for professional care.
Rogers cared for her at home alongside her husband, with the family saying their lives were put on hold because someone needed to remain at home to look after Wills.
As her mother’s condition worsened, Rogers reportedly had to sleep on the floor near her to ensure she was safe.
Rogers said her mother repeatedly expressed a wish for her to receive payment for the care she provided, although the two had not agreed on a specific amount.
£100,000 Withdrawal Led to Criminal Prosecution
Following Wills’s death, Rogers withdrew £100,000 from her mother’s bank account, saying she believed the money was owed to her for providing care.
She was subsequently prosecuted for fraud and theft but was found not guilty following a jury trial.
Rogers later brought a civil claim against her brother, Andrew Wills, who was the executor of their mother’s estate. She sought £135,000 in compensation for the care she had provided.
The High Court concluded that she was entitled to £127,500 for the 850 days of care.
Bern Rogers Describes Relief After Years of Family Dispute
Rogers described the outcome as a source of “phenomenal relief” after a dispute she said had been harrowing and deeply sad for the family.
Speaking to the BBC, she recalled that her mother had become confused and was seen wandering in the garden, making it clear that she needed assistance.
Rogers said her mother had repeatedly insisted that arrangements should be made to ensure she was paid properly for the care.
Although no specific sum had been agreed, Rogers said she believed taking £100,000 from the account was reasonable compensation.
She also described being reported to the police as a “terrible and devastating betrayal”.
Rogers said the dispute had transformed what had been a normal family relationship into a painful conflict, leaving her feeling that she had been treated as a scapegoat.
Legal Experts Highlight Significance of the Judgment
Legal experts have described the High Court ruling as significant for disputes involving relatives who provide care to elderly family members.
Kate Harris, a partner at Birketts LLP, said family care arrangements had traditionally been viewed as acts of love and affection rather than paid work.
However, she said the judgment indicated that courts could recognise a right to payment where sufficient evidence showed that the parties had agreed, or mutually understood, that care would be compensated.
Harris said it could be unjust to assume that extensive care had been provided entirely for free when there was credible evidence that a parent intended the sacrifice to be recognised financially.
Ageing Population Could Lead to More Claims Against Estates
John Gorner of Slater Heelis Solicitors said the case could become increasingly relevant as the UK‘s population ages and the cost of professional care continues to rise.
He said that where an agreement for payment had been made before care began, courts could consider compensation based on the market rate for providing that care.
Gorner also noted that Rogers had cared for her mother at considerable personal cost, working around the clock to meet her needs.
Harris said she expected the judgment to lead to more claims against estates from relatives who had provided substantial care to family members.
Lawyers Advise Families to Record Care Payment Agreements
Harris advised families to put arrangements for paid care in writing when a relative is expected to provide substantial assistance and there is an intention for them to receive compensation from the person’s estate.
She said a properly drafted agreement made while the person receiving care was still alive could help prevent lengthy legal disputes after their death.
Such arrangements, she added, could also reduce the risk of disagreements over a loved one’s wishes turning into bitter inheritance disputes.
The case has highlighted the importance of establishing clear terms where family members provide long-term care with an expectation of payment.
