Permission to make a gift

Attorneys and deputies have only very limited abilities to make a gift on behalf of a person lacking mental capacity, such as those of a “seasonal and customary nature”.

We can advise attorneys and deputies about the limit on their gift-making powers. We can also assist you with making an application to the Court of Protection if permission is required to make a larger gift. In some cases the Court would consider lifetime gifts to be appropriate but this will depend on the individual circumstances of each person.

Occasionally attorneys and deputies find that they have made larger gifts than their powers allow. If you are concerned that this is the case then we can assist you with making the necessary application to Court for ‘retrospective approval’. It is important that you take advice as soon as possible in these circumstances.

If there is a disputes about the size of a gift being made on behalf of someone lacking mental capacity then our specialist Court of Protection disputes team can advise.

Please do not hesitate to contact us if you would like to discuss this further.