Applications for Permission to Make a Gift
When acting as a Court of Protection deputy, you will normally only have limited authority to make gifts from the estate of the person whose affairs you are managing. If you need to make a substantial gift, you will need to apply to the Court of Protection for specific permission to do so.
Our Court of Protection solicitors can advise you if you will need permission to make specific gifts and guide you through the application process where required. We have strong experience with all Court of Protection matters, so can help to make sure your application goes ahead as swiftly and smoothly as possible.
We also recognise that making gifts from the estate of someone without mental capacity can be a contentious issue. Our solicitors can help liaise between family members and other interested parties, minimising the likelihood of conflict, as well as offering a highly effective dispute resolution service for any issues that do arise.
For initial advice and to discuss your legal options in relation to making a Court of Protection gift application, we offer a 30-minute consultation for a fixed fee of £95 + VAT or an hour at £150 plus VAT.
Speak to one of our Court of Protection Deputyship solicitors now by calling 0800 158 4147 or request a call back and a member of our team will be in touch promptly.
What gifts can a Court of Protection deputy make?
There are various types of gift a Court of Protection deputy might make from the estate of the subject of a Deputyship order, including:
- Buying something for someone
- Charitable donations
- Paying school or university fees
- Providing rent-free accommodation
- Selling their home for below market rate
- Giving an interest-free loan
- Gifts from inheritance tax planning
A Deputy can usually only make gifts to:
- A friend, family member or acquaintance of the subject of the Deputyship order
- A charity
Under normal circumstances, gifts can only be given on a ‘customary occasion’ where giving a gift would be normal and should not exceed the usual amount given by the incapacitated person e.g.:
- Christmas and other religious festivals
Making a gift that is not of reasonable value, i.e. exceeds the amount usually given, could mean you are breaking the law, so this is something to take very seriously.
You should keep a record of all gifts made from the estate of the person you are acting for and include these in the accounts you keep.
How to apply to the Court of Protection for permission to make a gift
If you need to make a larger gift or a gift that is not for a ‘customary occasion’, you will need to make a formal application to the Court of Protection.
In your application, you will need to set out key details such as:
- The nature and value of the gift
- Who the gift is for
- Your reasons for making the gift
- The financial position of the person you are acting as Deputy for
- The current health of the subject of the Deputyship
Depending on the circumstances, you may need to attend a hearing to justify the need for the gift before permission can be granted.
We can support you through the application process and at a court hearing if required, helping to ensure you are able to get the appropriate permission to make a gift as a Court of Protection deputy.
Why choose Tayntons for Court of Protection applications?
Tayntons’ Court of Protection lawyers have been supporting deputies for many years in Gloucester and throughout Gloucestershire, including Cheltenham and the Forest of Dean, as well as covering the rest of England and Wales.
We can support you in all aspects of discharging your duties as a Court of Protection deputy, allowing you to effectively act in the best interests of the person whose financial affairs you are managing. We will talk through everything you need to know in plain English, so you can be confident you are making the right decisions and understand the expected outcomes.
Tayntons is Lexcel accredited by the Law Society for our excellent practice management and client care and we are independently regulated by the Solicitors Regulation Authority (SRA).
Get in touch with our Court of Protection solicitors in Gloucester
Need help applying to the Court of Protection for permission to make a gift in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire or anywhere in the UK?