Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.


The use of donor's funds by a registered lasting power of attorney

Posted on 27th August 2021 in Probate & Wills

Posted by

Sue Halfyard

Partner & Chartered Legal Executive
The use of donor's funds by  a registered lasting power of attorney

Can an attorney under a registered lasting power of attorney (LPA) use a donor's funds to make payments to others or to make gifts on behalf of a donor?

Unless express instructions are included in the lasting power of attorney (LPA) for property and financial affairs about providing for others or making gifts, the general rule is that the LPA attorney does not have power to benefit others apart from the very restricted authority to make the usual Christmas and birthday gifts and to make gifts to any charity to whom the donor may have been making regular payments.   Even then these gifts are subject to the proviso that the amount is not unreasonable having considered all the circumstances and, in particular, the size of the donor's estate.

If an LPA does not include this express instruction or the instruction in the LPA is not clear then the attorney will need to:

  • Consider the position with the Office of the Public Guardian in the first instance to check the position.
  • Depending on what the result of that contact is, make an application to allow payments to others or to make gifts.

It can be considered by a donor than when making an LPA that they are giving their attorney power to deal with everything on their behalf but you will see from the above that this is not always the case.

It is always better to take legal advice before putting an LPA in place to ensure that it gives your attorney the necessary powers they need to deal with your affairs in the way in which you wish.

How can Tozers help?

To ensure an LPA is put in place correctly and promptly it is always recommended to speak to a solicitor. They are great tools for succession planning and cover property & finance, and health & welfare. To find out more, or for support with putting in place a Lasting Power of Attorney, please contact our dedicated Later Life Planning team who will be happy to help.

Contact our legal experts


Paper plane


Get the latest news straight from our legal experts.

Subscribe to our newsletter to recieve current, dedicated, suppport and guidance from our solicitors straight to your inbox, wherever you are.

Company & Industry

Related Insights


How Remote Witnessing of Wills Changed During the Pandemic and Beyond

Posted on 29th February 2024 in Probate & Wills, Later Life Planning

In September 2020, the UK Parliament passed an order that amended the Wills Act 1837, a law that dates back to the Victorian era. The order allowed people to make valid Wills by using video-conferencing or other visual transmission, as long as the witnesses could see and hear the testator (the person making the Will) in real time. This was a temporary measure to help people who were self-isolating or facing lockdown restrictions due to the Coronavirus pandemic. The order applied to Wills made on or after 31 January 2020, and was initially set to expire on 31 January 2022.

Posted by

Sue Halfyard

Partner & Chartered Legal Executive

Lasting Powers of Attorney: Why Do I Need Them and When Should I Prepare Them?

Posted on 21st February 2024 in Probate & Wills, Later Life Planning

Making a Lasting Power of Attorney may seem like a task for another day, but as time goes on, our ability to manage our affairs may decrease or be prevented by an unexpected illness or accident. By making sure that you have the documents in place, and registered, this helps to ensure that a trusted person can step in to assist you when you need it most.

Posted by

Alice Carter-Tyler