Richard Burgess: Attorneys should always look 'gift horses in the mouth'

LPAs and gifting explained

clock • 4 min read

Lawyer Richard Burgess explores the strict set of rules applied to LPAs and gifting in his latest article for Professional Adviser

Lasting powers of attorney (LPA) allow someone, a 'donor', to choose someone they trust, their 'attorney', to make important decisions on their behalf if they cannot do so for themselves. These are potentially very useful powers which negate the necessity for a lengthy and costly application to the Court of Protection after mental capacity has been lost. A Financial Decisions LPA gives attorneys significant authority, such as to pay bills and manage finances on the donor's behalf. The LPA also allows the attorney to make gifts on the donor's behalf. Gifts can be an effective form of i...

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