Attorney or Deputy Gifting Incapacitated Person Money

Published / Last Updated on 08/08/2019

It is difficult for an Attorney (acting under a Lasting Power or an Enduring Power of Attorney) or a Deputy (appointed by the Court of Protection) to give an 'incapacitated' person's money away.

They must usually seek permission from the Office of the Public Guardian if the gift of money, property or wealth is outside OPG guidelines.

A recent case at the Court of Protection has allowed for larger gifts to be made where an attorney or deputy is making best use of typical inheritance tax planning opportunities as well as gifting from any normal 'excess' income that does affect lifestyle of the incapacitated person.

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