A Lasting Power of Attorney, or LPA, is a legal document which
allows a person to choose someone else to manage their affairs for
them, known as an ‘Attorney’. This person can be a friend, relative or
a professional person.
You are the Attorney on a Property & Affairs LPA, and want to use the LPA to purchase Christmas gifts on behalf of the donor for their loved ones. Can this be done?
Sometimes. An Attorney can make a gift to a family member, friend or acquaintance on a customary occasion, which would include events like a birthday, wedding, or Christmas.
However, the Attorney should only make a decision like this if the donor lacks capacity to do so. If the LPA Order states this then you have authority from the document.
The gift must be reasonable, taking into account previous gifting habits by the donor, the donor’s current financial circumstances, the donor’s life expectancy, whether the gift reflects the donor’s wishes within their Will and whether it is affordable.
If what you wish to give falls outside of the above then you must apply to the Court of Protection for permission to make gift before you make it.
Not sure where to start?
Everyone can make a LPA for both finances and health. Unfortunately, something could occur at any time which might leave you unable to deal with your affairs yourself. Creating a LPA gives you peace of mind that should the worst happen, your affairs would be in the hands of those you trust.
Contact us today to arrange your 30-minute LPA Review Consultation. We will help you identify whether you need an LPA and if so, the important steps to take to ensure your wishes are followed.