Some advice please

cake4tea

Registered User
Jan 22, 2014
67
0
My mom, due to her major bowel operation now has a stoma. She is not as mobile since the operation 8 weeks ago and is not likely to get back the mobility she had before the op. We have no LPA for her yet but would like to know if it is possible for me to use her own money to make adaptions to the house to enable her to get about better. At present she is sleeping in the lounge with me as she is unable to get up the stairs so we would like to get her a stair lift, also her bathroom now would need adaptation to allow me to shower her as she will not be able to shower in the bath as she will not be able to get her legs over the bath anymore. Also the garden would need to be made accessible for her as it is on a slight slope and would need paving to allow her access with a wheelchair, and a zimmer frame.

I am not sure of the legalities of using her money to pay for her adaptions in the house without an LPA. Both my sister and I live at home with her and always have. I am her fulltime carer. Any advice would be greatly appreciated.
 

canary

Registered User
Feb 25, 2014
25,081
0
South coast
How would you actually get access to her money?
I would try and get POA if you can. She doesnt have to go to a solicitor - you can print the forms off online and DIY it. So long as she understands what it is about and agrees to it in the moment then it is legal, even if she forgets 5 mins later. You will need someone who knows her well (a neighbour or friend) to witness her signature and sign to say that she understood and agreed at the time.
 

Beate

Registered User
May 21, 2014
12,179
0
London
No, it's not legal to access her money without an LPA. You will need to get that first.
 

nitram

Registered User
Apr 6, 2011
30,315
0
Bury
No, it's not legal to access her money without an LPA. You will need to get that first.

The OP has only mentioned mobility problems, nothing about capacity.

If the OP's mum has capacity to grant an LPA she has capacity to say how her funds are spent.

The proposed adaptions all appear to be in her best interests.

On that basis, and assuming current capacity, consider applying for LPA, going ahead with the work at her request and cost, and keeping good records.

Expenditure before LPA application implies she was competent to make the decisions.
 

Anotherz

Registered User
Sep 25, 2018
33
0
As said above, I would think that if she is able to make her own choice, just ask her, and also ask her gently and carefully about making a PoA (both sorts). You may have other family members to consider and perhaps include in a joint PoA. If she's at a particular stage of say forgetfulness, you may need to "take an average" ofwhat she thinks by asking several times. It will be much better to get a PoA while she can agree to it if she will, rather than to wait.
 

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