Mother in Nursing Home

[oggleby]

Mum has been in a nursing home for just over 5 years now.
No local home would take her and she had to be placed in a home 25 miles away.
I am a pensioner and have visited her most days.
She has full NHS funding.
My car has now done 108,000 miles mainly as a result of these visits and other running about for Mum. I have been advised it will need some expensive repairs to get it through the next MOT if it continues to do similar mileage. It was new when my mother went into the home.
Mum's money is mounting up at a rate of £1,500 per month as she does not have to pay any fees.
I have lasting Power of Attorney.
I have asked a solicitor, Citizens Advice Bureau and the Court of Protection if it would be OK to use some of Mum's money to purchase a new car. They have all replied not normally but this is an extreme situation and it ''Should'' be OK.
They all say they have never encountered this situation before.
I am a little worried about the word ''should''.
As I am a pensioner I will not be able to visit her so much if I can not use some of her money towards a new car and I do not want to stop these visits just to inherit more money. I am the sole beneficiary of her will.
Has anybody been in this situation and used some of their parents money to purchase a new car?.
Normally a person would only live for 15 months in Mum's state so as people have said this is extreme.

[Janezz9]

I do not know the answer to your question.
Does your mother have dementia?.
May be this have never happened before so no guidance notes would have been written.

Jane

[bednobs]

http://www.theanswerb.../Question1083117.html

http://www.theanswerb...w/Question996961.html

you don't seem to be the only one. in fact, these other situations are remarkably similar

[themas]

In the situation you describe I would say you have every reason to use your mother's money to buy another car. This is in her interest, as otherwise you are very likely going to have to stop or drastically reduce your visits to her.

You should also consider this - who is going to raise any issues about the use you make of the money? You have P of A & are the sole beneficiary so there is no one else who has any interest in her money.

In your position, I would simply go ahead.

[Janezz9]

Hi oggleby

Thinking about it I think I would ask the Court of Protection what would happen if you took the money incorrectly.
You may find you will just have to refund the money.
It is extremely unlikely your mother will live for another 5 years the time your car has lasted.
As you are the sole beneficiary of her will I do not think the Court of Protection will be concerned.
The only thoughts I am having is if your mother does not qualify for NHS funding at some point and has to go for Social Funding Social Sevices may say her funds have been mis used.
Probably it may be worth seeking the advice of Social Services but they will probably say they have never encountered this situation before like the other people.
Bednobs has found you the 2 previous threads.
It would be good if the site allows you to send an e mail to see if the writers on those threads found anything out but I do not think there is such a facility uinless Bednobs knows better.

[bednobs]

bednobs always knows better jane ;)

[oggleby]

Hi Jane

With the size of Mum's estate I do not think she will qualify for Social funding unless she lives for another 15 years which is very unlikely assuming she does lose her NHS funding which the medics have said will not happen unless extremely fast progress is made to improve her in some way.
I just do not want to be taken to court for something like theft.
If you look at the value of my assetts they are substantial but they are not really in a liquid form.
My mother has had advanced dementia since she went into care and several of the medics can not understand how she is living for so long.

[Janezz9]

I have noticed Barmaid is on the site. Hopefully she will have an answer.

[factor-fiction]

I was wndering whether barmaid would be around- Barmaid is the best bet if she sees this.

Jane- sorry I made the mistake of calling you by the wrong name on an earlier thread

[factor-fiction]

bednobs- I would agree you are indeed usually right.

[Janezz9]

Hi Factor30

I think there has been some strange posts on this site but I have not been a member as long as you or Bednobs.
The problem is if we ignore a post that will be the genuine one.
Bednobs was correct in refering oggleby to the previous posts but they do not really give a full answer.
I think oggleby is more concerned about being convicted of a criminal offence if she takes the money for the car.
As the car is mainly being used for her mother's benefit I can not see this happening but it could be picked up by Mr / Mrs Jobsworth.

Jane

[bednobs]

nobody is ignoring this post though - what are you referring to i wander?

[pizza]

You need reliable transport to visit your Mum and I'm sure your visits keep your Mum going x
I have worked as a carer in nursing homes for the last 16 years and you are not a selfish person by any means, you are lucky as a pensioner to have your Mum alive and to be able to visit.
First thing tomorrow go and get the car you deserve to make the time you have left with your Mum special , and good luck to the pair of you and although your Mum can't tell you it's right thing for you both xxx

[cathfromsaron]

you have to watch the 'mounting money' as you will get hammered for fees if the savings really get large!

whilst they faff about deciding, i would make out a legal document stating you are borrowing the money, and will repay out of any inheritance due ...

[scoobydooby]

I'm really confused.......sorry for hijacking this thread but how is your Mother's money building up if she's on full NHS funding? I thought full NHS funding meant that as long as the person had funds under £14, 250 and they had no property or other assets, they would only make a contribution based on their regular income for the future? For example, my Mother has gone into an 'assisted' living situation (due to mental health issues) and is receiving single persons state pension plus pension credit (no private pension, nothing else). Although she qualifies for full funding as per savings lower than the threshold etc, she has to contribute all of her weekly income (pension and pension credit) except for £23.50 which she is allowed for personal allowance. So, am I right in thinking she doesn't have full funding then?

[bednobs]

nhs funding is different - it means that the person's care needs are nursing/medical needs rather than just care. It is paid for by the NHS, not social services or the local council

[Janezz9]

Hi Cath

NHS funding is not means tested if the primary need is health.
It is difficult to get but once somebody is on NHS funding it would be unusual for them not to qualify at some point.
It sounds as if oggleby's mother is a difficult case as it was so difficult to find a home which will take her.
If a person meets certain health conditions their care is free even if they have a £10,000.000.

Jane

[oggleby]

Hi Everyone

I have ordered a new car this morning a Honda Jazz Automatic red again.
It will arrive about the third week of August so I am going to have it registered as a 62.
The technician said he can not forsee my present car needing any work before then but it will probably have another 4,500 miles on the clock by then.
The salesman asked how long I was likely to keep the car for but I asked him how long will my mother live as that will probably be a big decider.
He did say not many pensioners do 20,000 miles a year driving and my present Honda has had a hard life so far.
He did say somebody will want it but it will probably have to go to the motor auctions.

[factor-fiction]

That was a very chatty car salesman, oggleby. It's good that you've made your choice now. Maybe EmmaByrne and LesJames will have seen your answer and it will help them to make the same choice.

[Tilly2]

Hope you enjoy driving your red Honda Jazz auotomatic, registered 62.

I don't get the bit about you asking the salesman how long your mum would live. Are you saying he'll take the car back when she dies?

[Janezz9]

Hi Tilly

No. If my mother lives another 5 years I will have to get another new car.
If not it mat be a lot longer.