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Lasting Power of Attorney and Making Gifts

Discussion in 'I care for a person with dementia' started by GeordieGirl, Jan 11, 2016.

  1. GeordieGirl

    GeordieGirl Registered User

    Aug 1, 2014
    6
    Hi

    My brother and I have LPA for finances and property for our father who has advanced dementia. We have another two siblings who live far away, so agreed that it made sense for us to hold LPA.

    One of our siblings lives abroad, and Dad used to help out with flights when they visit.

    I know that attorneys can make a gift which would be in keeping with what the donor would want. Therefore, would it be justified for us to continue to help with flights when our sibling wants to come over to visit Dad?

    I personally think this is justified as it means our Dad is still seeing his children regularly, and he would have always helped if he had the capacity to do so. However, my brother disagrees and thinks that we should not use Dad's money in this way.
    My worry is that our Dad would not be able to see one of his children as often as he would like, and I don't think this is fair.

    By the way, Dad is self funding and has quite a lot of capital, so it would be unlikely to impact upon future care costs, etc.

    Does anybody know whether this would be considered an "acceptable" gift which we could justify or is it too extravagant?

    Thanks
     
  2. Selinacroft

    Selinacroft Registered User

    Oct 10, 2015
    937
    I think this is completely acceptable and what Dad would want. No one could argue it was not in his best interests.
     
  3. nitram

    nitram Registered User

    Apr 6, 2011
    19,038
    Male
    North Manchester
    As you say he is likely to remain self funding deprivation of capital does not need to be considered.

    It's probably OK as it is his custom and practise and he can afford it, you could check with the OPG but unless there is a complaint of maladministration nobody will be any the wiser.
     
  4. Boldredrosie

    Boldredrosie Registered User

    Mar 13, 2012
    244
    I agree with the other posters. Take a look at the detail of your LPA to double check there's nothing in there that could be construed as overruling such a gift (there is in my mum's LPA) but if it was his usual practice and it isn't going to pauperise him, then I'm sure the benefit outweighs the actual financial cost
     
  5. Witzend

    Witzend Registered User

    Aug 29, 2007
    4,296
    SW London
    As I understand it, gifts are acceptable if they are a continuation of what the person had done before.

    As P of A my sister made a cash gift to my daughter on her wedding last year. It was similar to what my mother had given to other grandchildren on their weddings, although she did up it a bit to allow for inflation - the others were married over 10 years earlier.
     
  6. LynneMcV

    LynneMcV Volunteer Moderator

    May 9, 2012
    3,550
    south-east London
    I would say that it is completely acceptable, especially as you say that this is something that he has regularly helped with in the past - and because it will be of benefit to him.
     

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