For most people who are appointed either as an attorney or deputy, a difficulty can arise over a question of gifts and the authority to make them.
Gifts are part of everyday life and there are many reasons why someone would make a gift. If someone does lack capacity and has a deputy or attorney in place there are strict rules about what gifts can be made.
There is usually authority to make gifts on customary occasions such as birthdays, weddings etc. or to charity for a reasonable amount. Generally what that person would have given if they had capacity, the golden rules to remember is whether the gift is affordable and whether the gift is to someone who would have normally received it.
If you want to make a gift over and above what is allowed, an application is needed to the Court of Protection to approve this. Examples of gifts that might need an application include making a loan, gifts for inheritance tax planning, creating a trust, selling assets for less than the market value to name a few.
Here at Linder Myers, our Court of Protection team can discuss if you are unsure whether an application should be made and also help with the application itself if needed.Find out more about our Court of Protection department