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Unlocking generosity: Navigating Court of Protection applications to make gifts
Price Slater Gawne is a distinguished UK law firm specialised in Court of Protection matters. Below, we outline the crucial aspects of gift applications in relation to the Court of Protection, empowering you to make informed decisions that best serve the interests of your loved ones.
Deputies and attorneys are normally prohibited from making gifts on behalf of an individual who lacks mental capacity. A gift application refers to the formal process of seeking approval from the Court of Protection before making gifts on behalf of someone who lacks the mental capacity to manage their financial affairs. This safeguarding requirement ensures that any gifts made are in the best interests of the individual and do not compromise their financial wellbeing. The specialist team at Price Slater Gawne can assist you in navigating the intricacies of gift applications, providing you with the necessary guidance and support throughout the entire process.
When considering making gifts on behalf of an individual who lacks capacity, it is essential to understand the requirements and procedures involved in seeking Court of Protection approval. You will need to show the Court that the gift is in the best interests of the vulnerable individual and likely to have been something they would have considered doing but for their lack of capacity. Any gift must be proportionate to their estate and not risk leaving them short of funds in any way. Our experienced legal professionals at Price Slater Gawne will provide you with comprehensive information, empowering you to make well informed decisions that uphold the highest standards of care for your loved ones.
It is unlawful for an attorney or a deputy to make gifts without the authority of the Court of Protection. The requirement of authority is a crucial safeguarding measure, aimed to prevent a deputy or attorney from depriving the individual of their funds when they need them. During the process, the Court will ensure that sufficient funds remain in the estate of the individual to fund the remainder of their life.
Deputies and attorneys can make reasonable value gifts to family members and/or charities on customary occasions. Other gifts require Court of Protection authority to ensure that they are reasonable, appropriate and generally in the individual’s best interests. They must be proportionate to the individual’s estate generally and leave them with sufficient funds to enjoy a comfortable life.
Understanding what constitutes a reasonable value gift is critical in the gift application process. They must be proportionate to the customary occasion for which the gift is intended and to the estate generally. It is to be assessed on a case-by-case basis, but it is clear the reasonable value definition points to smaller amounts. Often, previous gifting history helps determine what is reasonable.
If a gift has been made without Court of Protection approval, it may be deemed unauthorised. This can lead to a deputy or attorney becoming personally liable for the gifted funds. In such cases, our dedicated team will work with you to address the situation, seeking the best possible resolution while ensuring the individual’s best interests are protected.
At Price Slater Gawne, our specialist team offers a wide range of services relating to the Court of Protection, designed to provide you with the legal advice and support you need to help a loved one when they need it most. Our commitment to building personal relationships with you and your loved ones ensures that handling these vital matters is met with the utmost compassion and expertise. We take pride in our person-centred approach, tailored to meet the unique needs of each client and their family, and have been recognised for our excellence in this regard.
If you require the advice of our Court of Protection specialists, please get in touch today on 03333 058375 or email email@example.com
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“Tom Young has been extremely helpful with case advice and a seemingly smooth transition of cases.” Legal 500
“I am currently a client of Sam Firth, I cannot recommend him enough, he is very thorough, professional and supportive, I can't imagine anyone else dealing with such a complex case, resulting in positive outcomes.” Stacey
The team are dedicated, highly experienced, professional, and approachable, with a drive to ensure the best outcome for their clients.” Kate Barron, Clinical Case Manager
“Tom Young is excellent. I cannot fault his continuous efforts and expertise enough. He offers great communication and always treats our family with the utmost courtesy and professionalism. I would highly recommend him to anyone. As a family we are forever grateful.” Mrs R
“Jade Price was recommended to me and I can see why. Jade has been very prompt and thorough throughout. I wholeheartedly feel at ease with Jade guiding me.” Mr P
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