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Court of Protection sets out rules for valid gifts to third parties

The Public Guardian recently applied to the England and Wales Court of Protection for the Court to determine the meaning and effect of words set out in certain Powers of Attorney that the OPG had been asked to register. This has resulted in a series of clear rules that attorneys in England and Wales can use when deciding whether they can make gifts on behalf of the donor.

Lasting powers of attorney (LPAs) often include an expression of the donor's intention that the attorneys use the donor's funds to benefit someone other than the donor, sometimes including the attorneys themselves. The OPG wanted the input of the Court of Protection to determine the meaning and effect of the words set out in 15 LPAs (later reduced to 11) that it had been asked to register.

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