Seriously considering!

TNJJ

Registered User
May 7, 2019
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cornwall
I have LPOA for my dad and I am seriously considering (depending on carer saga plus my health.)taking money out to buy a car. I can do the shopping and go and do caring without public transport. I bet it would be deprivation of assets?
 

CardiffGirlInEssex

Registered User
Oct 6, 2018
356
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I should think it ould be justified as being in his best interests, plus the car could be sold and at least some of the funds replaced when the panic subsides. But that's just a personal view, no idea if it would be correct!
 

TNJJ

Registered User
May 7, 2019
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cornwall
Th
I should think it ould be justified as being in his best interests, plus the car could be sold and at least some of the funds replaced when the panic subsides. But that's just a personal view, no idea if it would be correct!
That is what I thought. I could put it in his name maybe. Just pondering at the moment.
 

nitram

Registered User
Apr 6, 2011
30,315
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Bury
Short term use in current situation?
Car to be sold when things change?
Compare cost with use of taxis during this time?
Would taxi cost be allowed?

Personally I think it would be deliberate deprivation of assets and maybe OPG would consider it using donor's assets for your benefit.

For definitive answers ask LA and OPG.
 

Weasell

Registered User
Oct 21, 2019
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Th

That is what I thought. I could put it in his name maybe. Just pondering at the moment.
I may be wrong but I seem to remember that trying to insure a car you are not the owner of may have cost implications.
It may be worth getting a quote on a hypothetical car just to see?
 

TNJJ

Registered User
May 7, 2019
2,967
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cornwall
It cost £50 last week to get to dad when carers left as it was an emergency. I live 18miles a way so if no carers come for 4months and there is no transport to get to him how will he get care..He cannot walk or cook etc.
 

Abbey82

Registered User
Jun 12, 2018
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If I’m honest, I would just do it anyway. It’s in your dads best interests and I would like
to see them argue otherwise, especially if there were any problems you could sell it. I could see it being more cost effective than continued taxis etc. If it’s mainly for his use, I would do it in a heartbeat. Just my opinion, of course.
 

Weasell

Registered User
Oct 21, 2019
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Such an interesting question to raise thank you.
please people pick holes in my theory.
it depends if dad has capacity?
just because you have power of attorney doesn’t mean he doesn’t have capacity?
If he has capacity then under the mental capacity act he has the right to do what he wants with his money?
Say a car is purchased in his name, at the moment it would be the difference between you using public transport or having the isolation of a private vehicle. Quite a plus in present times? And with the potential of impacting his life considerably?
At the time the car was sold if the money was returned to his piggy bank or estate where is the problem?
Not sure if he is deemed to have lost capacity though???
 

Weasell

Registered User
Oct 21, 2019
1,778
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Also with dementia capacity isn’t an all or nothing situation.
Principle 1: Assume a person has capacity unless proved otherwise. Principle 2: Do not treat people as incapable of making a decision unless all practicable steps have been tried to help them. Principle 3: A person should not be treated as incapable of making a decision because their decision may seem unwise.
 

nitram

Registered User
Apr 6, 2011
30,315
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Bury
If he has capacity then under the mental capacity act he has the right to do what he wants with his money?

OK with OPG.
LA could still consider it deprivation, it is possible to have capacity with a diagnosis of dementia and obvious need for future care.
 

Sirena

Registered User
Feb 27, 2018
2,332
0
Given the extreme circumstances, I would do it and argue about it later. If the carers are AWOL you need to be able to react quickly. You will be able to sell the car and get some of the money back, and as far as I know the worst the LA would do is ask you to repay the remainder.
 

TNJJ

Registered User
May 7, 2019
2,967
0
cornwall
Dad has
Such an interesting question to raise thank you.
please people pick holes in my theory.
it depends if dad has capacity?
just because you have power of attorney doesn’t mean he doesn’t have capacity?
If he has capacity then under the mental capacity act he has the right to do what he wants with his money?
Say a car is purchased in his name, at the moment it would be the difference between you using public transport or having the isolation of a private vehicle. Quite a plus in present times? And with the potential of impacting his life considerably?
At the time the car was sold if the money was returned to his piggy bank or estate where is the problem?
Not sure if he is deemed to have lost capacity though???
Dad has been deemed to have fluctuating capacity. The LPOA came straight into effect in 2016..
He has NO capacity @finances...Giving money away to fraudsters. Cannot operate the atm to do money as he is forever forgetting his pin. Cannot pay bills. Looking at him today ,cannot tell the difference between £1 and 50p coin. But in majority of other aspects can hold a conversation with some form of understanding.
 

canary

Registered User
Feb 25, 2014
25,081
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South coast
I seem to remember that this has come up before, although I couldnt find it in a search.
If memory serves me right (and I may be wrong) it is OK so long as it is bought in his name as used for his benefit. (note to @Weasell - it is perfectly OK for a car to have a different owner and registered keeper. The insurance is only a problem if the person trying to get insurance is not the registered keeper).

I would also think that the LA would be less likely to look at it in more detail if the car was an old Ford rather than a brand new Porsche ;)
 

Weasell

Registered User
Oct 21, 2019
1,778
0
Dad has

Dad has been deemed to have fluctuating capacity. The LPOA came straight into effect in 2016..
He has NO capacity @finances...Giving money away to fraudsters. Cannot operate the atm to do money as he is forever forgetting his pin. Cannot pay bills. Looking at him today ,cannot tell the difference between £1 and 50p coin. But in majority of other aspects can hold a conversation with some form of understanding.
I have installed ‘call screening’ on the phone for mum.
I didn’t think she would cope with it but much to my surprise it was a success!
it has been fabulous at almost stopping all those dreadful fraud and sales calls.
 

Bunpoots

Volunteer Host
Apr 1, 2016
7,356
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Nottinghamshire
I'd go ahead and buy one under the current exceptional circumstances and worry about it later.
My dad gave his car to my daughter so she could drive him to appointments and get him for tea (he'd got lost and lost the car on numerous occasions). It never came up at the financial review. They only asked if he'd given away large amounts of money, not if he'd bought anything or given his car away.
 

TNJJ

Registered User
May 7, 2019
2,967
0
cornwall
I have installed ‘call screening’ on the phone for mum.
I didn’t think she would cope with it but much to my surprise it was a success!
it has been fabulous at almost stopping all those dreadful fraud and sales calls.
Yes I got that dad for a while back. He used to answer the phone a lot but doesn’t bother much now. He cannot use a phone any more.
I have his BT phone app on my phone so I can keep an account of who has called and can blacklist them if need be. Dad also has call guardian.
 

worriedson77

Registered User
Jan 29, 2020
57
0
I dont know if relevant but I do know of a couple of people I know from work who have used the motability scheme successfully for the exact reason you specify about transportation (They have vehicle to get their pwd to and from daycare and medical services) and the cost is seen as legitimate so could be an avenue to examine as well? I dont know enough to 100% certain so of it's of no help apologies ?
 

TNJJ

Registered User
May 7, 2019
2,967
0
cornwall
I dont know if relevant but I do know of a couple of people I know from work who have used the motability scheme successfully for the exact reason you specify about transportation (They have vehicle to get their pwd to and from daycare and medical services) and the cost is seen as legitimate so could be an avenue to examine as well? I dont know enough to 100% certain so of it's of no help apologies ?
It is . I know a few people who have motability cars and a lot of charges have increased. They have gone back to their own cars. I’m waiting to see what happens with the care and my own health before I decide.
 

Duggies-girl

Registered User
Sep 6, 2017
3,635
0
Dad had a motability car for years. When he stopped driving they allowed me to take over and keep the car at my house so I could get back and forward to dad. It was genuinely used for dad because we have our own cars. He got a brand new one last year while he was in hospital and we chose a bigger model so we could get a wheelchair in the back. I almost cancelled it because we were doubtful that dad would come home from hospital but he did and I used it for a year. They even let me keep it for 2 weeks after dad died.

You need to be on the higher rate of the mobility allowance and I don't think that is so easy to get nowadays and I think there is a limit on the distance that you live. I live about 3 miles from dads place.

I thought it was a brilliant scheme. A free car and all you need is add some petrol or diesel in our case.

I don't miss the car at all as it was too big and I had trouble getting it in the garage. I am back driving my old banger which was not at all suitable for dad but I like it.
 

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