Enduring power of attorney: gifts, complaints

G

GoldWings

Registered User
Messages
97
Hi
We have registered enduring power of attorney (EPA) since 2021 for our parent.

Both my sibling and I didn't fully grasp, until recently, that there is nothing within the documentation about gifts. Yet, we have been giving gifts, (which were eventually decided to be) in keeping with what our parent has been doing for years, to other siblings, weddings etc, not to ourselves. The amount would be around 3-4k over the course of the last 3 years.

Now we've realised the issue, what can we do to rectify it. It might be very hard to request the money back.

We have a difficult family member who is not happy about the EPA. I would think they will raise a complaint against us for this if it's not fixed (I suspect they will request to see the accounts).

The error was completely unintentional. And it was (determined to be) aligned (loong story) to the parent's wishes before registering the EPA.

Should I seek legal advice?
 
Last edited:
GoldWings said:
It's silent to gifts
Click to expand...
Then you might not have discretion to decide to give away the person’s money in the form of a gift. It’s a very serious legal role. It needs to be performed to the letter of the EPA.
 
I'd disagree with DeeKie - so long as the gift is proportionate to the occasion and the relationship; and is something that the subject of the EPA would have done in the past.

€50 to a grandchild for a birthday for example, (again if they had done that in previous years) is reasonable.

If someone wants to act the maggot they will always find something; make sure you have all your ducks in a row.

Edit: what I meant w. regards to the EPA, was what it covered and authorised; I'm assuming in my reply that you have full financial responsibility.

IANAL
 
Last edited:
You must log in or register to reply here.
Back
Top