21.3.1 The general rule

In the light of some recent judgments by the Court of Protection (in 2018), the Office of the Public Guardian for England and Wales updated its legal guidance for professional deputies and attorneys on making gifts of a protected person’s property.

The new guidance is included in Public Guardian practice note PN7 updated on 18 January 2018. It does not make any new rules but clarifies the position in the light of a number of recent decisions from the Court of Protection (CoP). As most advisers will be aware, the power to make gifts by an attorney (acting under a lasting power or an enduring power) or a deputy is very limited.

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