Court of Protection
Gift Applications
Deputies face strict rules around gifting — and getting it wrong can have serious consequences. Here's what you need to know, and how we can help.
Making Gifts on Behalf of Someone Who Lacks Mental Capacity
Why do gifts require careful handling
When someone lacks mental capacity, strong protections exist to safeguard their assets. This includes restrictions on gifting — in most cases, a Deputy cannot simply make a gift on someone’s behalf without first obtaining permission from the Court of Protection.
The Mental Capacity Act 2005 sets out three narrow exceptions where a gift can be made without a formal court application.
01
Gifts given on customary occasions such as birthdays, holidays, or celebrations
02
Donations to charities the person previously supported and would likely have continued to support
03
Gifts of reasonable value, taking into account the size and nature of the person’s overall estate
Everything else requires court approval. Any gift that falls outside these three exceptions must be authorised by the Court of Protection via a formal gift application — regardless of how straightforward it may seem.
What a gift application involves
To obtain court approval for a gift, the application must demonstrate two things: that the gift is in the best interests of the person who lacks capacity, and that it reflects a decision they would have made themselves had they had capacity to do so.
This requires careful preparation. The application needs to be thorough, evidence-based, and presented in line with the Court’s requirements — which is where specialist legal advice makes a real difference.
How Rothley Law can help
Our Court of Protection team has extensive experience advising Deputies on gifting rules and preparing gift applications. We’ll guide you through what’s required, make sure the application reflects the individual’s specific circumstances, and handle the process from start to finish.
If you’re unsure whether a proposed gift needs court approval — or how to go about obtaining it — speak to our team before taking any action.
Unsure whether a gift requires court permission, or ready to start an application? Our team will give you clear, practical advice.
Frequently Asked Questions
Can a Deputy make gifts on behalf of someone who lacks capacity?
In most cases, no — not without court approval. The Mental Capacity Act 2005 permits Deputies to make small gifts on customary occasions (such as birthdays), donate to charities the person previously supported, and make gifts of reasonable value relative to the person’s estate. Any gift outside these narrow exceptions requires a formal application to the Court of Protection.
What is a gift application to the Court of Protection?
A gift application is a formal request to the Court of Protection to authorise a gift that falls outside the permitted exceptions under the Mental Capacity Act. The application must show that the gift is in the best interests of the person and reflects a decision they would have made themselves had they had capacity.
Can a Deputy make a gift to themselves?
No. A Deputy cannot make a gift to themselves without specific court approval. This is one of the situations that almost always requires a formal gift application, as it presents an obvious conflict of interest.
What counts as a gift of "reasonable value" under the Mental Capacity Act?
The Mental Capacity Act does not set a fixed monetary limit. What is reasonable depends on the size and nature of the person’s overall estate. A gift that would be modest relative to a large estate might not be reasonable if the person’s funds are limited. If in doubt, legal advice should be sought before any gift is made.
What happens if a Deputy makes an unauthorised gift?
Making an unauthorised gift is a serious breach of a Deputy’s duties. It can lead to disciplinary action by the Office of the Public Guardian, removal as Deputy, and potentially personal liability for the value of the gift. Always seek advice before making any gift that may require court approval.
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