Gifts by Attorneys and Deputies

In a recent judgment by Hilder HHJ the wording used by donors in their Lasting powers of attorneys (LPA’s) were examined to determine the validity of the relevant clause.  This followed the Office of the Public Guardian (OPG) submitting 11 sample cases where the donors had expressed an intention for persons (mainly family members) to benefit. The OPG wanted to determine the effect and meaning of the wording used in the LPAs.

A donor may include provision in their LPA for their attorney to provide funds to benefit a family member friend or even the attorney themselves.  The wording used in the 11 test cases varied with some completing the instructions section of the form and others the preferences section.   By way of example one contained the wording “The needs of [X] before anyone else” in the ‘preference’ section of the form whilst also stating “the attorney must ensure that the needs of my daughter [X] are taken care of” in the ‘instructions’ section.

The case provides clarity for attorneys appointed in England and Wales about whether they can spend the donor’s money to benefit others. Providing the donor expresses...

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