Gifts and donations
88 Gifts and donations
Unless otherwise authorised under this Act, an attorney for a principal may give away or donate the principal’s property only if—
the gift or donation is—
of the nature the principal made when the principal had capacity; or
of the nature the principal might reasonably be expected to make; and
the value of the gift or donation is not more than what is reasonable having regard to all the circumstances and, in particular, the principal’s financial circumstances.
The attorney, or a charity with which the attorney has a connection, is not precluded from receiving a gift or donation under subsection (1).
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.