Back
Lady Lacking Capacity has Cash Withdrawn by Family Member
It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person....
Financial Gift Provision Under Court of Protection.
If someone lacks the mental capacity to manage their own financial affairs, a deputy appointed by the Court of Protection or someone granted a Lasting Power of Attorney will usually be managing their finances on their behalf.
It is common for the deputy or attorney to want to make a financial gift on behalf of the person lacking capacity, such as for birthday or Christmas presents, and although it may seem a perfectly reasonable thing to do, there are legal limits to what the gift can be.
Testimonials
What our clients say.
From the first contact, the team at Lanyon Bowdler gave a fast & efficient service. They were very friendly & gave me the confidence that I had found the right solicitors. The advice given & the fast responses were beyond my expectations. The matter was resolved in no time at all.
Martyn
via ReviewSolicitors
Since dealing with Lanyon Bowdler they have been diligent, efficient and at all times very helpful along with being structured in dealing with matters, fees and clarity on all levels. Thank you.
Michael
via ReviewSolicitors
I was clearly informed of progress step by step. The service you provided was very good.
Peter Weston
Shrewsbury
All work carried out effectively and efficiently.
Hubert Jones
via ReviewSolicitors
An excellent service with solicitors that you can talk to and who give you a clear understanding of all necessary legal implications and interpretations.
Eric
via ReviewSolicitors
From start to finish we had excellent service. Friendly, approachable and professional.
Carl Gittins
via ReviewSolicitors
Very clear, concise advice and guidance, easy to understand.
Ian Jamieson
Telford
Good service provided throughout with clear communication throughout with all options explored.
Lee
I can thoroughly recommend the highly professional and supportive service received over the last few months.
Heather
via ReviewSolicitors
Responsive, supportive, approachable, clear and empathetic.
Lisa Thacker
Professional and prompt communication. Supportive and client focused.
Lisa Thacker
Jennifer M Whittall Ltd
Whenever I have had need to contact Lanyon Bowdler I have always received a fast, concise and friendly response.
Lee Mortimer
UK Case Management
Definitely would use Lanyon Bowdler again if I need the use of a solicitor.
Mark Bowkett
via ReviewSolicitors
Smooth and efficient service from very professional firm.
Tim
via ReviewSolicitors
We were particularly impressed with the quality of work, the speed and excellent communication.
Allenby Douglas Ltd
Oswestry
Very friendly and approachable. Very good advice
Ivor Brown
via ReviewSolicitors
Great Service; Lanyon Bowdler were excellent from the outset. Straightforward and easy process. I just sat back and waited.
Paul Rowe
via ReviewSolicitors
Everything has been professional, efficient and courteous throughout and we are very pleased, both with the service and with the eventual outcome of our case. Everything was first class and exceeded our expectations. Thank you again for providing such splendid service. It is really appreciated.
Mr N J & Dr S J Browne
Llanfyllin
Limits on Gifts by Attorneys and Deputies
There are two specific circumstances when the disposal of money or property in the form of a gift can be made, according to the Mental Capacity Act 2005:
- On customary occasions to people who are related to or connected with the person lacking capacity.
- To a charity which the person lacking capacity had previously given to, or might have been expected to give to.
In every case, the value of the gift must be reasonable regarding the circumstances and in particular the size of his or her estate.
Things that must be considered include the wishes of the person lacking capacity, the contents of his or her will, their previous habit of making gifts, any ongoing care costs and their life expectancy. And extra rules will apply where the value of the estate exceeds the Inheritance Tax limit.
Any proposed gifts which do not meet these considerations will need to be approved by the Court of Protection.
These might include strategic tax planning, the payment of a child’s education fees or the remuneration of family members for care provided to the person who lacks capacity (known as “Family Care Payments”). Due to the complexity of the issues and because, potentially the Court can order a deputy or attorney to pay back any gifts made unlawfully, it is important to take professional advice about the process from a court of protection solicitor who specialises in this type of work.
The legal costs of a successful application are usually met from the funds of the person lacking capacity.
Contact Lanyon Bowdler
Give us a call or complete our online enquiry form, to see how we can help. We have offices in Telford, Shrewsbury, Oswestry, Ludlow, Bromyard, Hereford and Conwy, but are able to act for clients wherever they may live in England or Wales.
For a friendly chat about how Lanyon Bowdler’ Court of Protection Solicitors can help, please contact Neil Davies, Head of Court of Protection, or a member of his team.
Lanyon Bowdler is one of the very few legal practices in the region with its own specialist Court of Protection Department which deals with many gift applications each year.
Our people
Meet the team.
Knowledge
Case studies.
Case Study
Case Study
Lady Financially Abused by Son
J’s brother was concerned that J’s Will, made several years ago, left her estate entirely to her son, which was thou...
Case Study
Successful Application for Contract to be Terminated
The previous solicitors who had settled a personal injury claim did not have sufficient expertise in Court of Protection...
Knowledge
Latest knowledge.
Podcast
The Roles of Professional Deputies and the Court of Protection: Matte Brasenell and Toni Reeves
Find out what a professional deputy does and how they support an individual who's lost capacity....
Podcast
The Defiant Brain Injured Teenager: Dawn Humphries, Lucy Speed and Andrew Worthington
Brain injuries can have a huge impact on an individual. In this episode, special guest Professor Andrew Worthington from...
Blog
Court of Protection Enquiries
Handling enquiries in the Court of Protection (COP) Department has taught me that not many people fully understand ...
Lanyon Bowdler in the Media
Inspirational Brain Injury Conference a Major Success
An event in Shrewsbury to celebrate inspirational people who battled back from life-changing brain injuries has been dec...
Case Study
Lady Lacking Capacity has Cash Withdrawn by Family Member
It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person....
Case Study
Lady Financially Abused by Son
J’s brother was concerned that J’s Will, made several years ago, left her estate entirely to her son, which was thou...
Case Study
Successful Application for Contract to be Terminated
The previous solicitors who had settled a personal injury claim did not have sufficient expertise in Court of Protection...
Podcast
Neil and Edward Rip Into & Expose the New Powers of Attorney Act
Edward and Neil are reunited (and it feels so good)! They rip into the Powers of Attorney Act 2023, and manage to find p...
Blog
Review of World Alzheimer’s Month 2023
IEach September, people unite from all corners of the world to raise awareness and to challenge the stigma that per...
Blog
What If Father Christmas Lost Capacity To M...
It’s that time of year where festivities are in full flow both at home and work. People are busy preparing for gath...
Blog
Navigating the Court of Protection: Selling...
As the population continues to age, the issue of financing long-term care for seniors has become an increasingly pr...
Blog
Explaining Legal Jargon in Court of Protect...
We understand that legal jargon can be a bit confusing and overwhelming and sometimes you need someone to explain w...
Accreditations
Our awards and accolades.
Contact us
Get in touch.
"*" indicates required fields