Making a gift on behalf of someone else is a sensitive issue, and attorneys acting under a lasting power of attorney must follow strict rules. The starting point is that gifts are only allowed in limited situations. Even when managing an LPA online, the underlying legal duties remain the same.

What counts as a permitted gift?

The law allows small, customary gifts on occasions such as birthdays or seasonal events. Modest donations to charities that the donor supported before losing capacity may also be acceptable. The gifts must be affordable, proportionate to the donor’s finances, and consistent with their past behaviour.

Larger transfers, assets of significant value, or anything that could be seen as estate planning usually falls outside an attorney’s authority. Here you can read more about the legal framework to gifting.

When do you need approval?

If a proposed gift goes beyond what the law allows, attorneys must apply to the Court of Protection for permission. This often applies to situations like helping a family member buy a home, transferring property, or making substantial financial gifts. Using an LPA online service does not expand an attorney’s powers, so careful judgement is required. For guidance, you can refer to websites such as //powerofattorneyonline.co.uk/.

Attorneys must always act in the donor’s best interests. This includes considering their wishes, financial needs, and long-term stability. A clear record of why a gift was made and how it meets legal requirements is important. When in doubt, attorneys should seek professional advice, as acting outside the permitted scope can lead to personal liability.