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Family Law

The leading authority on all aspects of family law

20 JUN 2016

How attorneys and deputies can make gifts

Jonathan Cailes

Major Works Manager

@JPFamilyLaw

How attorneys and deputies can make gifts

Office of the Public Guardian issues updated practice note on how attorneys and deputies can make gifts and what kind of gifts are appropriate


Attorneys and deputies can give gifts on behalf of the person for whom they have been appointed to help make decisions. They can only make gifts in some situations and only if it is in the person’s best interests.

The practice note explains the Office of the Public Guardian’s (OPG) policy on gifts. It also explains what the OPG will do if an attorney or deputy makes a gift that they should not have given.

The revised guidance reflects the OPG's updated policy on loans and supervision.

Click here to view the updated practice note.

Click here to view the OPG publication 'OPG2: Giving gifts for someone else: A guide for attorneys and deputies' (21 July 2016), which provides advice for lay (non-professional) deputies and attorneys, covering:
  • what counts as a gift;
  • who can give gifts for someone else;
  • when you can give gifts;
  • changing the limits on gift-giving; and
  • what happens with unauthorised gifts.

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