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Court of Protection: A Practical Guide to Gifting

Court of Protection: A Practical Guide to Gifting

Court of Protection: A Practical Guide to Gifting

Author: Mitra Boyce-Mann
Publisher: Law Brief Publishing
ISBN: 9781914608643
Published In: March 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 839.86

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Description
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Gifting during one’s lifetime is not uncommon. It is not unusual for those who are financially comfortable to gift monies or assets they own to their children or loved ones to assist them, particularly in times of hardship and it is their prerogative to do so. However, the situation changes when someone starts losing or has lost capacity. How does one tackle gifting in this scenario?

Court of Protection: A Practical Guide to Gifting will take the reader through the relevant statutory principles and case law and:

introduce the relevant capacity which one is required to have to make a gift and the legal test used to determine capacity
remind attorneys and deputies of the gifts which they are authorised to make
highlight the ramifications of making an unauthorised gift
provide practitioners with a checklist of the key points to consider before making an application to the Court of Protection
explain the procedure involved in preparing such an application

Introduction – The Court of Protection and the Mental Capacity Act 2005

Chapter One – Capacity: When Does One Become “P”?

Chapter Two – P’s Capacity to Make a Gift

Chapter Three – Gifting on Behalf of P and Maintenance Payments

Chapter Four – What to Consider When Making an Authorised Gift?

Chapter Five – Unauthorised Gifts

Chapter Six – Decision-Making Process

Chapter Seven – Checklist for Practitioners: Is an Application Appropriate?

Chapter Eight – Preparing the Application

Chapter Nine – Issuing Proceedings and the Getting to the Final Stage

Chapter Ten – Costs in Court of Protection Proceedings

Chapter Eleven – Consequences of Not Seeking the Court of Protection’s Approval

Chapter Twelve – Financial Abuse and Useful Contacts

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