Court of Protection: A Practical Guide to Gifting

Family Law › Mental Health Law

Court of Protection: A Practical Guide to Gifting

By Mitra Boyce-Mann
Law Brief Publishing March 2024

Specifications

ISBN-13
9781914608643
Publisher
Law Brief Publishing
Publication
March 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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

Table of Contents

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
HKD 839.86

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