Guide to Making Gifts for Attorneys and Deputies

Making Gifts on Behalf of a Mentally Incapacitated Person

Attorneys appointed under a Power of Attorney and Court of Protection appointed Deputies have a legal duty to manage the assets they control, in a responsible way. Attorneys and deputies must make decisions in the best interests of the mentally incapacitated persons they act for.

It is possible to make gifts on behalf of a mentally incapacitated person but only in certain circumstances. It can be difficult to make a gift without stepping beyond the limits of the authority granted to an attorney or deputy.

Decisions about making gifts of a mentally incapacitated person’s assets may lead to accusations of conflict of interest, or worse. It’s not always easy to demonstrate that a gift is likely to be in their best interests. There can be serious consequences for acting outside of the rules.

If you are thinking of making gifts on behalf of an incapacitated person you’ll need the latest edition of our practical and informative Guide to Making Gifts for Attorneys and Deputies.

In our Guide to Making Gifts for Attorneys and Deputies you will learn:

  • How to identify whether a gift can be made
  • The types of gift that can be made
  • Information on statutory rules about gifts
  • Methods for getting a gift approved
  • Steps to take to complete a gift

It’s worth remembering that the Court of Protection has the power to intervene in cases involving gifts made on behalf of incapacitated persons.

Users of our online training courses get a FREE copy of the guide.

We have a wealth of other resources to help in using powers of attorney properly and avoid costly mistakes.