Q&As

Is it possible for a donor of a Financial LPA to include an instruction or preference in the LPA form stating that up to £1,000 a week can be given to their wife or children (while still in full time education) for their maintenance?

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Published by a UUÂãÁÄÖ±²¥ Private Client expert
Published on: 12 December 2018
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Practice Note: Creating a valid LPA sets out the key points to bear in mind when drafting instructions and preferences. This includes the point that the donor cannot instruct their attorney(s) to exceed the limits on gifting set out in section 12 of the Mental Capacity Act 2005 (MCA 2005). The attorney’s authority under MCA 2005, s 12 is effectively limited to making gifts on ‘customary occasions’, including weddings, birthdays and religious holidays and donating to charities that the donor has

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Maintenance definition
What does Maintenance mean?

Payments made to a spouse or civil partner or a former spouse or civil partner for themselves or for a child of the family.

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