Overview

For most of us, giving gifts on birthdays and marriages hardly requires a second thought, and we all hope to have something to pass on to our loved ones at the end of life. But if a person lacks the capacity to make these decisions, you may need to do it for them.

Deputies and those with power of attorney have limited powers to make gifts on behalf of someone they are looking after, providing the value of the gifts is not unreasonable considering their financial or other assets. As a deputy or attorney, you can also apply to the court for permission to make larger or more unusual gifts.

It may also be necessary in some cases for a deputy, attorney, family member or close friend to apply to the court to get a statutory will drawn up on behalf of someone lacking capacity. Even as a deputy or attorney you do not have the authority to write the will yourself, but the court to consider what is in the best interests of the person.

Our specialist solicitors will be able to advise you about giving gifts or legacies on behalf of someone and when and how you will need to apply to the court.