As a POA/Executor can I give a family member their legacy before my mum's death?

[nitram]

The Law Society's guidance says that attorneys should have access to the donor's will so that they do not inadvertently dispose of any assets that have been specifically bequeathed which would be against the donor's wishes when they made the will . This means that the shares in question, along with any others bequeathed should be cashed in last.

Having said that I would be tempted to cash them all in.
What's the total value?
£1000 is less than two weeks care, it may not even cover one week. this is ignoring any pensions and benefits, but you get the drift.
You may find that cashing in acting as LPA is tortuous and time consuming.

As others have said your legal duty as attorney is to ensure that your mothers assets are used in her best interests which in the circumstances appears to be providing for her care.

 

[retiredcopper]

Thank you everyone for your thoughts on this. I think I will help him from my own money and see what the position is when the sad time comes. Meanwhile I will leave the shares insitu as the dividends earn more than a bank's interest. Thank you again, you have all been very helpful.

 

[karaokePete]

I think the OPG guidance maybe suggests that the contents of a will can be taken to indicate what way a person is thinking when considering whether a gift can be made from assets. I don't think that a legacy can be given early as being in a Will does not grant an interest in property. An interest in the property would only come post mortem and I don't think the guidelines would suggest it's OK to actually hand the property over while the person is still alive.