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Gifting with Power of Attorney

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  • Gifting with Power of Attorney

    Hi,

    Sorry if this is the wrong place to post this.

    I have Lasting Power of Attorney for my mother and have done so for the last two years. We are currently looking into buying our house and she would like to gift us £50,000 towards it.

    The only reason I have the LPA is because she has physical conditions which mean she is no longer able to leave her house and therefore cannot manage her money in branch (and she doesn't have online access or even understand what it is so online banking is a no go).

    The decision to gift the money is totally hers. She has full mental capacity and completely understands the amount she is gofting, what it will be used for and that she does not expect it back. She is happy to sign a Deed of Gift which will be drawn up by our solicitor and the signature independently witnessed.

    The issue is the money would have to be transferred to our account in branch by myself. Would I be able to do this in branch with the Deed of Gift? I understand that if she did not have mental capacity then I would have to apply to the Court of Protection but this is not the case. She has full mental capacity and has made the decision. I would just be asking for the transfer because she is physically unable to go to the branch and do so.

    I just wondered if anyone had any experience or advice? Thank you!
    Tags: None

  • #2
    This article may contain useful information https://www.thelawsuperstore.co.uk/w...ey-can-cant-do

    Comment


    • #3
      A possible option would be for your mother to cancel the LPA before making the gift. Then the OPG wouldn't investigate the large gift.
      Check with her bank first that you will still be able to administer her account. Once banks get to know their customers personally they are likely to be more flexible with close relatives operating an elderly person's bank account

      Comment

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