Gifting is possible as an attorney of an LPA, but there are strict rules to follow, and every decision must be made in the best interest of the donor.
What Is Gifting?
Gifting refers to an attorney making the decision to give away some of a donor’s property or money. This could take the form of a charity donation or birthday or Christmas gifts, for example. Attorneys can do this but only under rules set out by the Office of the Public Guardian designed to protect a donor and their finances.
Gifting as an Attorney
An attorney who has been named through a paper or LPA online process facilitated by companies such as //powerofattorneyonline.co.uk/ must always act in a donor’s best interest, and gifting should be limited to customary gifts and charitable donations. Attorneys must consider what gift values would be customary for the donor and ensure they are in line with what the donor would want if they had the capacity to make decisions themselves.
The value of any gifts should also be reasonable in relation to a donor’s estate size. Gifts should never be so large that they would affect the ability of a donor to meet their individual needs. Charitable donations, meanwhile, should only be made if they are in accordance with known wishes or past practices of the donor.
The Office of the Public Guardian has a practice notice giving detailed guidance about how attorneys should deal with making decisions to gift on the behalf of a donor.