Arrangements for gifting from those who lack capacity and sale of property

Arrangements for gifting from those who lack capacity and sale of property

Attorneys and Deputies have only very limited abilities to make a gift on behalf of a person lacking mental capacity, such as those of a ‘seasonal and customary nature’. Where a property is being sold by an Attorney to another family member or friend, Court Protection approval is required.

We regularly assist and advise Attorneys and Deputies about the limit on their gift-making powers. We can help you make an application to the Court of Protection if permission is required to make a larger gift.

Occasionally attorneys and deputies find that they have made larger gifts than their powers allow. If you are concerned that this is the case then we can assist you with making the necessary application to Court for ‘retrospective approval’. It is important that you take advice as soon as possible in these circumstances.

If there is a dispute about the size of a gift being made on behalf of someone lacking mental capacity then our specialist Court of Protection team can also assist.

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