Can I make gifts as a Deputy?
Once the application has been completed, the Court will include a statement as to whether or not you can buy gifts or give people gifts of money on behalf of the person who lacks capacity. This would also include gifts of donations to charity. The Court Order may also specify any annual limit on the number of gifts (or the total amount spent on gifts) that you can make.
If you are allowed to make gifts under the Court Order, these should always be reasonable, and they must not reduce the level of care that the person lacking capacity will receive or that they can afford.
If you wanted to make a larger gift, for example for Inheritance Tax purposes, you would need to make a further application to the Court of Protection, who would consider how this gift would affect the person lacking capacity, and the effect that it could have on Inheritance Tax.
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With a no-nonsense, pragmatic approach, our expert team are experienced in drafting Wills, Lasting Powers of Attorney, Trusts, and Deputyship Applications, as well as in dealing with the administration of estates and obtaining Grants of Probate.
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