Acting as an Attorney for Property: Gifting and Dementia
If you’re acting as an attorney for property and the grantor has dementia, deciding whether gifts can be given requires balancing their wishes with your legal responsibilities under Ontario’s Substitute Decisions Act , 1992 (SDA) . Your Authority to Give Gifts As an attorney for property, you can only make gifts on the grantor’s behalf if: Explicitly Authorized : The Power of Attorney (POA) document specifically permits gifting. Statutory Rules Apply : If the POA document is silent, the SDA allows gifts under these conditions: The grantor’s financial needs (current and future) are secure. The gift is consistent with the grantor’s past practices or known intentions. Assessing the Grantor’s Wishes If the grantor, even with dementia, expresses a desire to give a gift: Evaluate their capacity : Ensure they understand the nature, value, and consequences of the gift. If their capacity is uncertain, seek a professional assessment. Respect their history : Consider their past gifting prac...