Valid Gifts by Attorneys

Aim

To remind practitioners of the statutory rules in s.12 Mental Capacity Act 2005 on making gifts by attorneys and to explore the case law on this vexed issue.

Outcome:

Practitioners will be able to advise donors of powers and their attorneys appropriately

Agenda:

• The statutory framework
• The Code of Practice
• OPG Practice note PN7
• Recent cases including:
  • MB [2017] EWCOP B27
  • PBC v JMA [2018] EWCOP 19
  • FL v MJL [2019] EWCOP 31 (a case involving a deputy)
  • Re Various LPAs [2019] EWCOP 40
• Conclusions to be drawn