Contact Us
Tag Archives | attorney
Attorneys and their authority to make gifts

The question arising in a recent case brought before the Court was, whether a person who had been sectioned under s.3 of the Mental Health Act 1983
When you are appointed as attorney the question will sometimes arise about gifts and whether they can be made on behalf of the person who lacks capacity. The authority of an attorney to make gifts is laid out on s.12 of the Mental Capacity Act 2005. In short the authority to make gifts is limited to customary occasions for those connected with that person or to a charity, all the while being a reasonable size when looking at what assets that person has and what they would usually gift.

Gifts by Attorneys or Deputies: when do you need permission?

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.

Privacy and Cookies:

This site uses session cookies to understand how you use and interact with our website.

If you continue through the website, these cookies will be set. To find out more or to remove these cookies please visit our privacy policy. Learn more

Close this message