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Court of Protection: A Practical Guide to Gifting

Court of Protection: A Practical Guide to Gifting

作者： Mitra Boyce-Mann
出版商： Law Brief Publishing
ISBN: 9781914608643
出版时间 March 2024
规格： Paperback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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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
Introduction – The Court of Protection and the Mental Capacity Act 2005
Chapter One – Capacity: When Does One Become “P”?
Chapter Two – P’s Capacity to Make a Gift
Chapter Three – Gifting on Behalf of P and Maintenance Payments
Chapter Four – What to Consider When Making an Authorised Gift?
Chapter Five – Unauthorised Gifts
Chapter Six – Decision-Making Process
Chapter Seven – Checklist for Practitioners: Is an Application Appropriate?
Chapter Eight – Preparing the Application
Chapter Nine – Issuing Proceedings and the Getting to the Final Stage
Chapter Ten – Costs in Court of Protection Proceedings
Chapter Eleven – Consequences of Not Seeking the Court of Protection’s Approval
Chapter Twelve – Financial Abuse and Useful Contacts

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