Christmas and Deputyship: Planning Ahead for P’s Best Interests

For most of us, Christmas means presents, family gatherings and a break from routine. For a professional property and affairs deputy, it also requires forward planning.

Similar considerations arise around other religious festivals and holy days, including Eid, Diwali, Hanukkah and Vaisakhi. Deputies should plan ahead, respect P’s beliefs and customs, and consider related spending or support needs.

Banks, care providers, professionals and deputyship teams may operate with reduced staffing over Christmas and New Year, just as spending rises and requests from P or family members change.

A little preparation can therefore avoid problems in January.

Check the practicalities early

Before offices begin to close for Christmas, it is sensible to review P’s regular financial arrangements.

Are essential costs covered by direct debits or standing orders? Do any payments need manual authorisation, and will the relevant account hold enough funds when they fall due?

Also anticipate holiday-specific costs. Care arrangements may change, with extra support needed for outings or family visits and higher spending on food, activities or transport.

The deputy’s role is not simply to preserve P’s money: appropriate spending that improves P’s quality of life may be in their best interests.

Expect the unexpected

Christmas often generates requests outside normal monthly expenditure, such as money for shopping, a festive meal, clothes, decorations, travel or a special event.

If P has capacity to make the spending decision, the deputy should not prevent it merely because it seems unusual or unwise.

If P lacks capacity, the deputy must consider P’s best interests, including their wishes, feelings, habits and values and, where appropriate, the views of those close to them. An unusual request should not automatically mean “no”.

And then there are the presents…

Christmas can be a particularly difficult time when it comes to gifts.

A relative may say, “Mum always gave the grandchildren £500 at Christmas”, or P may wish to give substantial presents to family members or carers.

There is an important distinction between spending money for P and giving P’s money to somebody else.

A deputy’s gifting authority is limited, so the deputyship order must be checked. Gifts must be reasonable and affordable in light of P’s estate, present and future needs, previous giving and relationship with the recipient.

Although Christmas is a customary occasion for some gifts, it does not justify substantial gifts from P’s funds.

Scrutinise requests that exceed previous years, come from numerous relatives or could affect P’s ability to meet future needs.

The central question remains: is this decision being made for P, or for the benefit of somebody else?

Planning makes the festive period easier

None of this means that deputyship should take the enjoyment out of Christmas.

Good preparation helps P access money, enjoy Christmas as they wish and maintain important family traditions without rushed financial decisions.

For deputyship teams, November and early December are therefore a useful time to:

• Check regular payments and standing orders;
• identify any additional care or support costs;
• discuss likely Christmas spending with P;
• establish P’s previous pattern of Christmas giving;
• deal with unusual or substantial requests before offices close; and
• record the reasoning behind any significant best-interests or gifting decisions.

Christmas expenditure can be entirely appropriate. The deputy must ensure that P’s money is used for P, following their wishes where possible and their best interests when decisions are made on their behalf.

Advance planning keeps the focus where it belongs: on P enjoying the festive period, not on last-minute calls to the bank.

Our Court of Protection & Deputyship specialists provide expert guidance on property and affairs deputyships, best interests decisions, gifting arrangements and the ongoing management of financial affairs. If you would like advice on your responsibilities as a deputy or support with a Court of Protection matter, please get in touch with our team today. Contact us on 0330 822 3451 to discuss how we can help support you and your loved ones.