Gifting

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Section 12 (2) of MCA 2005

The authority for an Attorney under a property and affairs power of attorney does not extend to disposing of the donor’s property by making gifts except in the situation of:

  • Any conditions or restrictions in the instrument itself;
  • On customary occasions to persons (including himself) who are related to or connected with the donor; or
  • To any charity to which the donor made or might have been expected to make gifts.

And the value of the gift is not unreasonable having regard to all the circumstances, in particular, the size of the donor’s estate.

Customary

Customary occasions means:

  • The occasion of a birth, a marriage or the formation of a civil partnership

Or

  • Any other occasion on which presents are customarily given within families or among friends or associates.
Gifting outside Section 12 (2)

If an attorney wishes to make more substantial gifts of the donor’s assets, maybe because of inheritance tax planning or outside of the MCA then an application to the Court of Protection must be made for an order to authorise such gifting.

This can be done under Practice Direction 9F (see Deputyship Pack).

Office Of The Public Guardian Guidance Notes

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Adrian Chambers - Seatons Solicitors

Power Of Attorney Specialists

Hello, my name is Adrian Chambers and I am a solicitor who specialises in creating and advising on Powers of Attorney.

I can offer a low cost legal service and aim to sort everything all out for you quickly and easily. Property and Affairs Power of Attorney is the most common one used and it gives you peace of mind should you ever need someone else to look after your affairs.

If you’re thinking about making a Power of Attorney, contact us via telephone on Corby 01536 276300 or use our online contact form.

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Court Rules On Inheritance

Attorneys have a duty to act in the best interests of the Donor (person who gave them the Power to act as Attorney).  This includes only making gifts which the Donor would ordinarily have made for seasonal purposes and only then with regard to the Donor’s funds at the time.
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