Deputies and attorneys have very limited powers to make gifts on behalf of an incapable person. In most cases, the permission of the Court of Protection will be required to make any gifts.
The Court of Protection will usually consider gifts not larger than £15,000 in any year and gifts in relation to marriage if the gifts can be paid from spare income or capital and are not significant when considering the total assets.
- Attorneys are allowed to make small gifts of a seasonal nature or if the donor was in the habit of making such gifts – e.g. habitually made donations to a certain charity. The value of any gifts must be reasonable in relation to the donor’s circumstances and assets.
For any gifts by attorneys outside the scope of those described above, permission must be sought from the Court of Protection.
- Deputies must always seek permission from the Court for gifts of any size or nature.
We have recently been successful in obtaining the Court’s approval for gifts totaling £55,000 to be made from a patient’s assets.
For further information, please contact Karen Law on 01943 885103 or email karen.goor@ridingslaw.com.