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Mother in Nursing Home

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EmmaByrne | 19:59 Fri 11th Mar 2011 | Law
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My mother has been in a Nursing Home for nearly 4 years which is funded by the NHS.
Several local homes refused her due to behaviour problems and she had to be placed in a home nearly 20 miles away fortunately mostly on the motorway.
She has lasted a lot longer than expected. The doctors thought she would only last about a year at the most.
I have a Power of Attorney which allows for reasonable expenses to be incurred on her behalf.
I visit her most days and as a result my car has done nearly 75,000 miles in just over 4 years with the visits and other running around for Mum. Very little of the mileage is for my own purpose.
Her money is just gathering up and I will inherit it anyway and have been advised that the car will need some expensive repairs to get it through the next MOT.
I have taken the cost of tyres, servicing, repairs, tax and insurance out of her money and think it will be best to buy a new car in the next few months and I feel most of the cost should come from her money. I am just wandering if anybody has had a similar situation and has been audited. The car was new when my mother went into the home.

Emma
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I would not have thought that a new car would be considered a reasonable expense, but why not give the Court of Protection a call and get some advice.
This is a very unusual situation.
I would try to get a written estimate of the likely costs and then contact the Court of Protection with some definite figures.
I know they have regarded tyres, petrol, etc as a reasonable expense but I do not know anybody who has run up such a high mileage.
As you are the person who will inherit her estate they may consider it a reasonable expense.
You did supply a new car at the beginning so a new car now may be justified.

Brian
Power of Attorney is not easily obtained but, (purely in my opinion) having been granted to you, it does enable you to authorise all payments on behalf of your mother. Consequently, I see no reason why you couldn't buy a car from her capital.
The thought occurs to me that the purchased vehicle could even be registered in her name.

It will be interesting to hear some further opinions on this matter; ones which obviate becoming involved with the Court of protection.

Ron.

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