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Deputyship

4 December 2025

Making gifts and providing for others’ needs – OPG guidance

Making gifts on behalf of a protected party (“P”) can be seen as carrying out their wishes and feelings and/or helping a person closely connected or related to them. However, an attorney/deputy has specific powers which do not extend to making all types of gifts unless authorised by the Court of Protection. If an unauthorised gift is made, the attorney/deputy may face severe penalties including removal of their role, order to immediately return the funds/gift or referral to the police. It is important therefore that the correct procedure is followed before making a gift. The Office of the Public Guardian (“OPG”) recently issued updated guidance about making gifts, which we consider in this blog. The guidance applies to both attorneys and deputies. Reference to deputies in this blog also includes attorneys.

Sameena Munir

26 June 2025

Capacity to enter into a prenuptial agreement

In this blog we consider whether a pre-nuptial agreement is a good option to help protect the estates of vulnerable individuals in the event that their marriage should come to an end.

Cate Maguire

23 July 2024

Issues with accessing bank accounts as a Deputy

I recently appeared as a guest on Radio 4’s Money Box, with Paul Lewis, discussing the issues faced by deputies when trying to access and manage bank accounts for those who lack capacity.

Lauren Eyre

28 November 2023

If my mother moves into a care home, does she have to sell her house to fund her care if I’ve lived with her my whole life?

The question of how care for a parent is funded can be a pressing one that has the potential to cause stress and concern. 

Anita Gill

17 May 2023

Is the law on predatory marriage going to change?

In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones.

Jemma Garside

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