can attourneys do the GOEI payments?

Mrsb1964

I am trying to set up GOEI for my dad. He has written a letter expressing his wishes to do this, and included usual details of how much to whom etc, however our solicitor is saying must be careful doing it myself as i am attourney and i cant gift for dad. 

Dad is 86 and has never done admin, so there is no way he'll learn now. He doesnt trust phone banking and his bank isnt in his town (he doesnt drive), so he has asked me to do all the payments. I have done his admin and banking for many years. 

I called hmrc to ask what they thought and they couldnt say till i submitted the probate form (dad isnt dead yet i'm just getting paper work in order) and they couldnt further say if i (as attourney) could 'gift' his GOEI according to his instructions until i submitted the paperwork for [porbate, by which time it is obviously too late to get him to sign anything. 

Has anyone else had this dilema? How did you navigate it? Any thoughts very helpful. thanks 

TheGreenFrog

Cheques, signed by your dad?

eskbanker

Just to confirm, you wouldn't be a beneficiary of these gifts?

Have you read the OPG guidance at:

https://assets.publishing.service.gov.uk/media/66e1bced18e01a81482c8dd6/giving-gifts-guidance.pdf

Keep_pedalling

Is your father’s estate actually in or close to IHT territory?  If it’s not, then it really not worth all the hassle of going to the trouble of gifting from excess income and just make one off gifts instead.

He still has his mental faculties so there is no reason why he can’t instruct you to make the gifts for him. As long as he is the one making the decision I don’t see a problem. Can’t you sit down together and do it via on line banking?