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Elderly parents

Grandad lost capacity. What to do with car?

42 replies

Rebecca9210 · 04/02/2021 19:05

Any advice is appreciated. My grandad is in hospital. He has lost capacity and is going into a care home. We have applied for deputy but that is going to take 6 to 9 months. I got an email saying his insurance is due to be renewed. Obviously he can't be insured anymore but what do we do about the car. We can't leave it on the road uninsured. We will also have to think about tax and MOT. It's so old and there is mould growing on the bumper. I'm not even sure it works. We can't get rid of it as legally we don't have the power to until the deputy of court protection comes through. What should I do? I hadn't even thought about his car u til the insurance renewal came through!

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Zolrets · 24/03/2021 10:16

I had a terrible problem with a relatives car when they died. It was impossible for ME to get insurance on it as I did not own it or have any financial interest in it. I couldn’t drive it on my insurance either as you need permission from the owner to do that. Believe me, I googled the hell out of this one, and rang multiple insurance companies. No one could offer a solution. Even with the resolution of the estate, the car passed to a non-driver so that didn’t solve things. This was a brand new car so I had to get it sold and achieve the best price, no option to desert it and no one would buy it off the drive. In the end I had to take a chance and drive it to the dealer (with heart in my mouth) just to get rid of the damn thing. Thank god the dealer was only 2 miles away. Oh yeah - and the battery was flat too. This was one of the most stressful days of my life. My only learning from this is that if you can deal with it while the person is alive.

ohhmyholidays · 23/03/2021 18:14

Cancel the insurance and then eventually it will be removed and crushed, especially if someone reports it.

Rebecca9210 · 23/03/2021 18:03

We are already applying through the courts. Yes it costs a lot. We are looking at about 2 to 3 thousand pounds. We have no option as now he is in a nursing home, if we don't do it the local authority will do it and we won't have any say in who buys the house etc

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FedUpAtHomeTroels · 23/03/2021 17:44

POA costs a lot if the person has already lost capacity, involves doctors assesments and solicitors.
I'd see if you can get a friend/family to let you store the car on a driveway, or other off road spot for a while, then call and tell insurance to cancel, let the bank know not to pay out anything.

Mum5net · 23/03/2021 17:14

Just leave the keys in it

allmycats · 23/03/2021 15:18

I urge any one to sort out power of attorney sooner rather than later. My husband and I have had it for over 15 years (we are now 63 and 60) and have just updated it to cover both finance and medical. In my opinion it is selfish not to do this as it can save so much distress for family in the future.

Rebecca9210 · 23/03/2021 15:02

It's still there. The solicitor said we can't have it removed or crushed. All we can do is get insured on it and tax and MOT it ourselves. This is something we can't afford and will cost more than the fine for the DVLA removing it themselves

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Howzaboutye · 23/03/2021 14:37

Hi, what did you do with the car?

Hidinginstaircupboard · 07/03/2021 21:54

Potentially this is an abandoned car. As grandad has lost capacity and is in residential care with no one with legal authority to do anything with it. It doesn't sound like it's worth anything. You could contact the local police force to advise that it will soon be without tax and insurance in a public highway as he has abandoned it due to above reasons. They might tow it and dispose of it for you?

Penn2021 · 26/02/2021 20:12

Sorry I can’t help you with the legality of what to do, but can I mention this charity. Any money raised YOU get to nominate the charity it goes to.

giveacar.co.uk/

I needed to get rid of a car in the middle of the last lock down and they arrange for the car to be collected and sold either at auction or for scrap. They take them in any condition. It was unbelievably easy and my chosen charity got £850! It is no cost to you at all and painless.

Howzaboutye · 24/02/2021 14:37

What type of car is it?
You could approach the car club, owners club for it. There might be a local enthusiast who could help out with a driveway for you to put it on as Sorned. And then give it to them with all the paperwork = car problem solved!

MereDintofPandiculation · 24/02/2021 14:06

SORNing is easy on line - I did it for my father. But it has to be physically off road.

Long shot is someone whose house will be empty for a few months who would appreciate a car parked on the driveway to give the appearance of occupancy. Or an elderly person with no car.

saffire · 23/02/2021 22:23

Have you contacted the dvla? They were extremely helpful when my mum passed.

If he no longer has capacity it may come under on of the health conditions that mean his license is revoked. They may help you sorn the car or advise you what you need to do until the deputy-ship is granted.

www.gov.uk/contact-the-dvla/y/driving-and-medical-issues

Rebecca9210 · 23/02/2021 21:29

@SionnachGlic

Not UK based but must it be taxed & insured if not being driven & not parked in a public place? Can you take it in off the road to his garden or garage & let insurance/tax lapse. If it was ever to be renewed in future you would need to sign a declaration that it has not been in use for the untaxed/uninsured period. Maybe check that out with local motor tax office & insurer. Sorry to hear of your GF's ill health, that is difficult in itself without all these other things to sort too
Thank you. You are 100 percent right. This situation is difficult enough emotionally and dealing with hosp/ devisions/ is falling apart house/ and his bills that I have to pay for now it has been incredibly difficult
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RoseMartha · 22/02/2021 00:41

Oh sorry just read he isnt

RoseMartha · 22/02/2021 00:41

Does anyone have Lasting Power of attorney for your grandfather? If he is still mentally competent he can still have them made.
My parents were anti this. We stressed to them that it was to help them with their finance and medical decisions because when they get to the point they can not decide for themselves it is too late. Eventually after a couple of years they agreed.

saffire · 22/02/2021 00:27

Could you just insure for third party, fire & theft? But if it's on the road it will need to be taxed and mot'd. How complicated!

SionnachGlic · 22/02/2021 00:10

Not UK based but must it be taxed & insured if not being driven & not parked in a public place? Can you take it in off the road to his garden or garage & let insurance/tax lapse. If it was ever to be renewed in future you would need to sign a declaration that it has not been in use for the untaxed/uninsured period. Maybe check that out with local motor tax office & insurer. Sorry to hear of your GF's ill health, that is difficult in itself without all these other things to sort too

Rebecca9210 · 22/02/2021 00:02

@dotoallasyouwouldbedoneby

Can he not just sign the paperwork himself when you present it as a 'fait accompli'? You are saving him money by getting rid of the liability after all.
As far as I know there is nothing we can do with the car without him there. We can't crush it or sell it. He has no capacity so he cannot do anything over the phone. He probably doesn't even remember that he has a car.
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dotoallasyouwouldbedoneby · 21/02/2021 22:57

Can he not just sign the paperwork himself when you present it as a 'fait accompli'? You are saving him money by getting rid of the liability after all.

MereDintofPandiculation · 09/02/2021 22:31

The elderly are particularly prone to this. A husband or wife dies, the surviving partner might not have ever even written a cheque or filled up a car with petrol. Suddenly they are left on their own. They try not to bother their relatives or are in complete denial about what a mess they are in. I'm failing to see how NOT having a PoA in place would make things easier.

Interestingly, I'd say that there's probably more young people who've never written a cheque than there are elderly. But I get your point.

FinallyHere · 09/02/2021 14:52

The very idea to warn people away from setting up POA because one went wrong bemuses me somewhat. I completely get the idea that we should all be careful to choose attorney's wisely.

Dark warnings for everyone to avoid just because the occasional one which turns out not to be in the best interests makes no sense to me.

For the record, I had POA for my late parents and now DH and I have for each other. I am thinking who in the younger generation might render this service.

Executor is the obvious choice

smoothchange · 09/02/2021 14:38

Smooth - might I say you are being rather naive.

You can, but you would have to provide a better argument than the one that followed this comment.

Moonstone1234 · 09/02/2021 12:50

Smooth - might I say you are being rather naive. Keep your own affairs up to date?? But people dont, your loved ones dont, they keep it all secret. Some just dont want to take charge of their affairs and stick their heads in the sand.

The elderly are particularly prone to this. A husband or wife dies, the surviving partner might not have ever even written a cheque or filled up a car with petrol. Suddenly they are left on their own. They try not to bother their relatives or are in complete denial about what a mess they are in.

We had to go direct to the OPG when we tried to remove my DF's first attorney and there was talk about bringing in the police (long story!). In the end I quickly did another POA but that first POA could have wrecked havoc.

Keeping it up to date is really not feasible. You could forget about it and also that you had fallen out with the attorney. A sizeable % of people dont even have wills or claim there is such a thing as a 'common law wife'.

Without being rude some people are just clueless or deny they have any issues.

smoothchange · 09/02/2021 12:07

I am not sure a POA should be done for everyone. They arent cheap and names change, you lose contact with people , they pass on or you fall out with them.

£80 to register. That's cheap IMO. Charing names or falling out with people? Keep your own affairs up to date.

The first time my DF did one (without the families knowledge!) it was only with one person who he then fell out with. We had to put in a new application.

That's one example though. Just one.

The benefits of a POA far outweigh the possible risk factors.

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