Provision for disabled child under LPA

I have recently seen clients to discuss Wills and LPAs. They have one child who at present is a minor and is unlikely to be able to work when she reaches adulthood. I have suggested a disabled persons trust as the most sensible option for their Wills. IHT is not an issue.

The clients also wish to create LPAs which appoint each other in the first instance with a sibling as replacement but they wish their attorneys to be able to continue to support their daughter in the situation of their own incapacity. I have been unable to find a precedent suitable for this. I am aware that the old EPA legislation had a provision which allowed the support of others to continue but believe that MCA 2005 precludes this without express provision. In the (likely) event that daughter will be supported by the state this needs to retain an element of discretion rather than a fixed annual gift. Does anyone have a suitable clause to allow the support of a disabled person? Or is it impossible to do?

Chris Shaw
Graysons Solicitors

I think you would need an order from the Court of Protection as to whether this is in the best interests of the Donor, as it does not fall under section 12 MCA 2005?
Iain Cameron