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WHAT DECISIONS CAN A PROPERTY AND FINANCE ATTORNEY MAKE?
Property and nance attorneys will be able to do anything the donor could have done in relation to their nance and property, provided there are no restrictions in the LPA. This might include things such as running their bank account, investing funds on their behalf, buying and selling property and
paying care fees.
The attorney has very limited powers to make gifts from the donor's property. They can only make gifts to people who are related to, or connected with, the donor (including attorneys) on speci c occasions:
Ÿ Births or birthdays
Ÿ Weddings or wedding anniversaries
Ÿ Civil partnership ceremonies or anniversaries
Ÿ Other occasions when family, friends or associates usually give presents
Gifts can continue to be made to charities if the donor was making regular payments, or even from time to time, but any gift must be reasonable in relation to the donor's own assets and other and larger gifts, even if undertaken for appropriate purposes (e.g. to save inheritance tax), will require the prior approval of the court.
WHAT DECISIONS CAN A HEALTH AND WELFARE ATTORNEY MAKE?
The Health and Welfare LPA document allows the donor to instruct/authorise the attorney to make all decisions about the donor's personal welfare and health care. The attorney can also be given the right to consent to or refuse life- sustaining treatment on the donor’s behalf.
The LPA can include restrictions to limit the decisions the attorney is able to make, or can include conditions that an attorney must act in a certain way, e.g. must talk to a particular person before making a certain decision such as the provincial superior or other person in authority within the religious community. The donor can also include guidance to their attorney(s) about their wishes and feelings about a particular matter. Although this guidance is not binding on the attorney it can help them decide what is in the donor’s best interests. Again,
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