Court of Protection: A Practical Guide to Gifting

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