Can a Deed of Variation be signed by an Attorney on behalf of someone who has lost capacity for IHT purposes - the Donor has significant funds and the Attorney wants to divert an inheritance so no deprivation of assets or do we need to apply to the COP for permission
Giving away an inheritance is still classified as deprivation even if gifted before it is distributed.
And, yes, a CoP application will be required as an attorney has only very limited authority to make gifts of any sort
Paul Saunders FCIB TEP
Independent Trust Consultant
Providing support and advice to fellow professionals
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Assuming the POA is a LPA, I am certain the attorney cannot use the powers to gift assets. I have tried that and CoP refused it. The LPA rules are not designed for that. The attorney can only manage funds for the benefit to the donor.