Lasting Powers of Attorney Decision Tree on Gift Rules

Published / Last Updated on 01/11/2019

Powers of Attorney Test Cases and Decision Tree to test the scope of lasting powers of attorney regarding gifts and help donees (those that have the power).

What is Permitted Gifting under the S.12. The Mental Capacity Act 2005?   

11 X test cases submitted for consideration to offer guidance on what an attorney can gift or not.

Test cases considered under the Mental Capacity Act 2005 – legislation can be read at: 

See opinions offered by Senior Judge Hilder at the England and Wales Court of Protection (EWCOP).

Flow Chart Guidance/Decision tree can be viewed at:

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