Advice for attorneys and court-appointed deputies when giving gifts on behalf of another person.
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Attorneys and deputies can sometimes give gifts on behalf of the person they have been appointed to help make decisions for. Only deputies and attorneys making financial decisions can give gifts; you can’t give gifts if you have been appointed just to make health and welfare decisions.
If you do have the authority to give gifts, you can do so only in some situations and if it is in the person’s best interests.
This guide includes practical advice such as:
- what counts as a gift
- who can give gifts for someone else
- when you can give gifts
- changing the limits on gift-giving
- what happens with unauthorised gifts
OPG also publishes a practice note on gifting, which explains the legal background in more depth.
You can also look at the Mental Capacity Act Code of Practice, which explains in detail what you can and can’t do as an attorney or deputy.
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