The text to which I referred does not explicitly state that a PoA cannot be used to execute a DoV.
What the text does is to identify the conditions under which a PoA can be used by the donee to make a gift.
I have just noticed that my earlier posting stated:
"In general the donee of an enduring power is not able to effect DoVs on behalf of the donor. This may only be done if the conditions laid down in MCA 2005 Sch 3 paras (2) and (3) are satisfied".
Should have read Sch 4 not Sch 3.
Also see MCA 2005 s 12 re lasting power of attorney.
ok i have read these sections but I cannot see why a POA would not be suitable. Can you elaborate?
12Scope of lasting powers of attorney: gifts.
(1)Where a lasting power of attorney confers authority to make decisions about P's property and affairs, it does not authorise a donee (or, if more than one, any of them) to dispose of the donor's property by making gifts except to the extent permitted by subsection (2). .
(2)The donee may make gifts— .
(a)on customary occasions to persons (including himself) who are related to or connected with the donor, or .
(b)to any charity to whom the donor made or might have been expected to make gifts, .
if the value of each such gift is not unreasonable having regard to all the circumstances and, in particular, the size of the donor's estate.
(3)“Customary occasion” means— .
(a)the occasion or anniversary of a birth, a marriage or the formation of a civil partnership, or .
(b)any other occasion on which presents are customarily given within families or among friends or associates. .
(4)Subsection (2) is subject to any conditions or restrictions in the instrument.
I think maths is referring to this section. But the issue here is that the donor is not the one who has the estate but only receives it from other person.
Is there a definitive answer to this question?