Guidance

Giving gifts: a guide for deputies and attorneys

Advice for attorneys and court-appointed deputies about giving gifts on behalf of another person.

Documents

OPG2: Giving gifts for someone else (print version)

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Details

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.

See ‘How to be a deputy’ and ‘Getting started as an attorney’ for more guidance on carrying out these roles.

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.

If you want a leaflet in a different format, such as Braille, audio or large print, email customerservices@publicguardian.gsi.gov.uk. Remember to give us your address and telephone number and the title of the document.

Published 18 May 2016
Last updated 17 January 2017 + show all updates
  1. Added translation
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