Can you use a Lasting Power of Attorney to buy gifts?

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 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.

Lasting Power of Attorney
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Lasting Power of Attorney

There are a lot of myths and assumptions around LPAs. We know that if you or someone you love are thinking about making an LPA, it can be difficult to tell fact from fiction. That’s why we’ve designed our myth-busting guide, completely free of charge for you to download.

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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.

We have been looking after the legal affairs of people in Sussex and beyond for over 125 years. When it comes to Lasting Powers of Attorney, it’s vital that you seek experienced help to ensure that:

  • The right details are completed so that the LPA is valid – a rejection can result in extra costs
  • The right powers are given to the right people
  • The right information is given about your wishes, so your attorney can carry them out properly

David Edwards

David has been a Director in the firm since 1986. In addition to his role as Managing Director, David is also Head of the Private Client team.

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Thank you so much once again for your exceptional service and efficiency in preparing both our Wills and our LPAs, we really are most grateful.

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