When you’re an attorney or deputy, the Mental Capacity Act and OPG guidance impose strict limits on gifting and anything beyond those limits usually needs the Court of Protection’s say-so.
In this practical session, Mitra Mann unpacks what the law actually permits, the red lines that trigger applications, and how to evidence best-interests decisions.
We’ll cover Section 12 MCA gifts, “customary occasions” and “reasonable value,” gifts to attorneys/relatives/charities, deprivation-of-assets risks, and the step-by-step CoP process when approval is required
You’ll learn
- What counts as a permitted gift under Section 12 MCA and OPG guidance—and what does not.
- Red-flag scenarios that require a Court of Protection application (and how PD 9D frames these).
- Evidence and reasoning to document best-interests decisions and avoid challenge.
- Practical examples from recent cases and Mitra’s new book
