Gifts.

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.

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.

Show More

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.

Neil Davies
Neil Davies
Partner
Court of Protection
Lucy Speed
Lucy Speed
Partner
Court of Protection
Tom James
Tom James
Legal Support Assistant
Court of Protection
Morgan Hanley
Morgan Hanley
Solicitor
Court of Protection
Matte Brasenell
Matte Brasenell
Legal Support Assistant
Court of Protection
Carole Walker
Carole Walker
Legal Support Assistant
Court of Protection
Toni Reeves
Toni Reeves
Solicitor
Court of Protection
Hollie Slawson
Hollie Slawson
Legal Support Assistant
Court of Protection
Danielle Lloyd
Danielle Lloyd
Legal Assistant
Court of Protection
Emily Mouland
Emily Mouland
Solicitor
Court of Protection
Knowledge

Case studies.

Case Study
Lanyon Bowdler case study icon

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....
Neil Davies • 26 Feb 2024
Case Study
Soft focus image of flowers

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...
Neil Davies • 26 Feb 2024
Case Study
Lanyon Bowdler case study icon

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...
Neil Davies • 26 Feb 2024
Knowledge

Latest knowledge.

Blog

Court of Protection Enquiries

Handling enquiries in the Court of Protection (COP) Department has taught me that not many people fully understand ...
Tom James • 29 Apr 2024
Lanyon Bowdler in the Media
Thriving After Brain Injury Group Photo

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...
Lanyon Bowdler was Featured on the Shropshire Live Website • 21 Mar 2024
Case Study
Lanyon Bowdler case study icon

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....
Neil Davies • 26 Feb 2024
Case Study
Soft focus image of flowers

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...
Neil Davies • 26 Feb 2024
Case Study
Lanyon Bowdler case study icon

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...
Neil Davies • 26 Feb 2024
Podcast icon 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...
Published • 05 Feb 2024
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...
Carole Walker • 02 Feb 2024
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...
Toni Reeves • 21 Dec 2023
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...
Toni Reeves • 03 Nov 2023
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...
Danielle Lloyd • 06 Oct 2023
Blog

Care Home Fees and Capacity

When do you need to pay for residential care? There are many reasons why yourself or a loved one may have to move i...
Morgan Hanley • 04 Aug 2023
Blog

Aiding The Brain Following Traumatic Injury...

One major impact of a TBI is that someone’s thinking process and thinking ability may dramatically alter post injur...
Matte Brasenell • 05 Jul 2023
Accreditations

Our awards and accolades.

Contact us

Get in touch.

"*" indicates required fields

TOS*
Hidden
This field is for validation purposes and should be left unchanged.