OffToBedhampton Sat 02-Mar-19 11:20:17

To PPs saying you can gift in same way as before No You Cannot!!!!' if it involves large sums!



It is literally theft (yes - police will arrest) if Donee lacks capacity, is in care home or needs care home, and you deprive them of assets by large gifts to others. That is not in their best interests.



I am in the field and this is the legal answer.



If ASD or OPG find out about any PPs those on here suggesting they took £3000 a year in gifts to themselves or others, when their Donee lacked financial capacity and was SF (self funding) or otherwise in residential care, you'll be investigated for Financial abuse. It's different if that money was used in items of treats or activities for the Person (Donee) themselves. Which is the only acceptable thing.



At best outcome, the LPA order in finances would be ended at court, recipient of gifts pursued through court to repay, and at worst the LPA themselves could end up with a criminal record.

Just because someone you know got away with theft , it does not make it okay.

A £3000 a year theft off a vulnerable person by POA/ deputy misusing their LPA in this way, would be taken very seriously.

Their money needs to stay available for them to use for their needs & care.



Even a capacitous person gifting away large sums whilst in residential care, would be seen as depriving themselves of assetts, treated as if they still had it and recipient of giftpursued, if it meant person came to ask ASD for public funds earlier.