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 by Mitra Boyce-Mann – a senior litigator at top law firm, Sydney Mitchell, in Birmingham will be officially launched on World Book Day – 7th March – with an exclusive book signing, meet and greet plus a wine tasting event at the plush Sydney Mitchell city offices.
At the event, Mitra will read extracts from the book and talk about the key themes within the guide that takes readers 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.
Mitra comments;
Over the years, I have come across attorneys and deputies who fail to understand what they can or cannot do when dealing with a vulnerable person’s assets. These misconceptions can sadly lead to financial abuse, which as we all know, is a growing concern and a topical issue. The driving force behind writing this book is to raise awareness of the role of an attorney/deputy and the scope of their powers which hopefully will result in better protection for the vulnerable members of our society.
For legal help and advice on contentious probate, gifting and court of protection, please speak to Mitra Mann m.mann@sydneymitchell.co.uk on 08081668827.
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