How a power of attorney can save you tax

To discuss making a Lasting Power of Attorney or utilising the tax advantages of an LPA call us on freephone 0333 888 0404 or send us an email.

A power of attorney can save you tax

It is recommended that everyone makes a Lasting Power of Attorney LPA. They have many advantages, but one benefit people often overlook is the fact that a power of attorney can save you tax.
Liability for inheritance tax (IHT) is usually best mitigated while we are still capable of managing our own affairs. People assume that once we have lost capacity then we also lose the power to undertake IHT planning by making gifts. However, If an attorney acts in the best interests of the donor and takes into consideration the donor’s wishes then there is still scope for reducing the size of their estate and thereby the potential IHT bill.
An attorney can make gifts on behalf of a donor who has lost mental capacity for tax planning reasons, provided the gifts are ‘affordable’ and made with the court’s authority.
Every case needs to be assessed on its own merits. A balancing exercise is required that takes into account the Mental Capacity Act.
In a recent case the court looked at such a gift and made it clear that the attorney’s decision to make the gift must be “consistent with the beliefs and values [the donor] demonstrated when she was able to manage her financial affairs”.
So, where there is a clear expression of wishes by the donor and their attorney believes it to be in the donor’s best interests then tax planning gifts can be made which ultimately save IHT.

An attorney should take expert professional advice before giving away a donor’s money in this way. If you are an attorney and would like to talk to us about the potential for saving IHT or you would like to put a Lasting Power of Attorney document in place for your own affairs, then please give us a call on 0333 888 0404 or email us at [email protected]

Lee Dawkins

Lee Dawkins

Over the past 30 years Lee has overseen the expansion of the firm’s litigation department. He developed our personal injury and clinical negligence teams, creating various niche areas that now enjoy a national profile. He pioneered contentious probate, setting up one of the UK's leading inheritance dispute teams and established Slee Blackwell as a force within claimant professional negligence. He now works as the firm's marketing partner.
Lee Dawkins

Lee Dawkins

Over the past 30 years Lee has overseen the expansion of the firm’s litigation department. He developed our personal injury and clinical negligence teams, creating various niche areas that now enjoy a national profile. He pioneered contentious probate, setting up one of the UK's leading inheritance dispute teams and established Slee Blackwell as a force within claimant professional negligence. He now works as the firm's marketing partner.

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Call the Slee Blackwell helpline on 0333 888 0404