I’m sorry to have to tell you that the Court of Protection are correct in what they’re saying. I appreciate all the things which lie behind this, your mother is getting no benefit from any of this money and hence, he would be better off spending it to have some time with her children. However you are only allowed to spend money in the same way that your mother would have spent it and she cannot agree to that because she doesn’t have mental capacity which is why you are a deputy.
You would be able to claim reasonable expenses but accompanying your mother on a cruise or around the world trip would not be classed as reasonable.
The ironic thing is that when your mother eventually passes away, the only 2 people who take issue with this are the two potential beneficiaries, you and your brother and as you are both an agreement to do this, it’s unlikely indeed, impossible, for either of you to raise it as an issue later when your mother eventually passes away. However that’s not the way the court look at it. The court look at it that it is your mother’s money and you are merely the custodian to do things as your mother would have done. I fully appreciate also that if your mother did have capacity, she will probably share this with you and your brother but the court do not know that. The other reason is that this money is not only to pay for your mother’s injuries but also to provide for care for the and as you don’t know how long that’s going to take or who is going to provide it, this money may be needed in full later on. I am sorry, I wish I could give you a more favourable answer.
Can I clarify anything for you?
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