• Gifting Application Solicitors

    If you are appointed as an attorney or deputy for someone who lacks mental capacity, you are able to make gifts on their behalf. There are various rules which must be followed when making gifts and limits are imposed upon the attorney/deputy. Larger gifts will need to be sanctioned by the Court of Protection before the gift is made.

    What does the term ‘gift’ mean?

    If you are appointed as a financial attorney or financial deputy, you can make gifts on behalf of the individual who lacks mental capacity; however, there are strict limits imposed on gifting-giving by an attorney or deputy. 

    The term ‘gift’ can include any of the following:

    • Paying school/university fees;
    • Making donations to charity;
    • Making lump sum payments on customary occasions;
    • Giving assets to another person.

    It is important to note that, unless the document appointing you (power of attorney or court order) restricts you otherwise, you can make gifts of reasonable value on customary occasions such as birthdays, a birth, a wedding or anniversary.

    Reasonable value gifts

    The value of the gift must be of reasonable value to the individual’s estate.  For example, a gift of £200 for someone who’s assets are £20,000 would be completely different to a gift of £200 for someone who’s assets where £150,000

    Permitted gifts

    As attorney or deputy, you are able to make gifts on behalf of someone up to the value of £250 and up to a maximum of 10 people in a 12 month period.  This has to be in accordance with reasonable value. This is also in addition to the annual exemption of £3,000.

    Do I need court approval?

    If you wish to make a larger gift that is out the limits above, then you will need the sanctioning of the Court of Protection. The Court of Protection will require evidence and various information about family circumstances, financial circumstances and reasons for and against the proposed gift.

Book an appointment 15 minute free virtual consultation

Schedule a free 15 minute online appointment to discuss Court of Protection matters. We will provide general advice during this consultation and no legal work will be undertaken unless agreed during this appointment.

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Key Contacts - Gifting Applications Solicitors:

Meet the Team:

  • The team at Brachers is knowledgeable and professional and provides pragmatic advice.

    The Legal 500
  • Mary Rimmer has great empathy – was very clear in her explanations – nothing was too much trouble – a really nice person who did a great job.

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  • We work with a number of solicitors who hold ‘Power of Attorney’ for our clients and experience, with varying results, how this is applied from a legal, client interest and common-sense perspective. We are happy to say that Brachers is a company that regularly delivers on all three fronts. They demonstrate, on a regular basis, that they make not only the necessary financial decisions but do so with genuine care for the clients under their control. Something that, unfortunately, is quite rare. As a result, we have no hesitation in recommending their service to any prospective clients.

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