Lasting Power of Attorney and Making Gifts

[GeordieGirl]

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

 

[Selinacroft]

I think this is completely acceptable and what Dad would want. No one could argue it was not in his best interests.

 

[nitram]

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.

 

[Boldredrosie]

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

 

[Witzend]

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.

 

[LynneMcV]

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.