Authorising gifts from someone who has lost capacity
Where a person (referred to as ‘P’) has lost capacity, it may be that they have an attorney or deputy managing their financial affairs. Although these people have the power to deal with P’s money and make payments, e.g. to pay for their care, they do not have an extensive power to make gifts from P’s assets. However, if the attorney or deputy does feel that such gifts are appropriate, they may apply to the Court of Protection for permission to do so.