LPA and Gifts

danco

I am currently in good health, but old enough that it is quite possible that the LPA I made some time ago might have to come into force.

I currently make gifts to a couple of friends, one almost every month and another every few months.

I would like these gifts to continue even I am no longer able to make them myself.

Would my attorney have the power to continue the gifts? At present I have a letter enclosed with the PoA saying that I wish these gifts to continue as the welfare of these friends is to my benefit? Would this be enough, would a different document be better, or is it not possible for my attorney to make these gifts?

Daniel54

When I have been an attorney I have taken the view that I will continue regular gifting to charities and/or individuals

On the other hand I would not introduce any new gifting

I guess there might be an issue if the gifts no longer become affordable,to the detriment of the donor.But failing that,I cannot see any impediment to your attorney continuing ongoing gifting in accordance with your wishes

BikingBud

danco said:

I am currently in good health, but old enough that it is quite possible that the LPA I made some time ago might have to come into force.

I currently make gifts to a couple of friends, one almost every month and another every few months.

I would like these gifts to continue even I am no longer able to make them myself.

Would my attorney have the power to continue the gifts? At present I have a letter enclosed with the PoA saying that I wish these gifts to continue as the welfare of these friends is to my benefit? Would this be enough, would a different document be better, or is it not possible for my attorney to make these gifts?

Wouldn't you provide written instructions to your attorney, perhaps with a trigger for stopping such as when funds fall below a certain level.

Linton

See https://www.gov.uk/government/publications/giving-gifts/giving-gifts-web-version for definitive guidance.

RAS

The rules allow gifting in line with the donor's previous behaviour. 

The attorney also has to responsibility to act in the donor's best interest. As long as your income and assets permit, those gifts continue to be made. Your letter makes that explicit.

If however your finances are such that making those gifts depletes your resources such that your essential needs cannot be met, then the attorney will have at the very least to discuss this with the OPG and those affected by the situation, like the LA if you are in a care home.

At the risk of being mercenary, if everyone suspects you'll die in the next few months, maybe the gifts continue. If they anticipate you'll live another decade the sums might be different?