Timothy Sherwin considers tax-efficient planning for attorneys under lasting powers of attorney ‘The starting point for assessing the reasonableness of any gift is that attorneys are in a fiduciary position in respect of P, and so must act in a manner appropriate to a fiduciary, including by avoiding self-dealing and conflicts of interest.’ Attorneys under …
Continue reading "Tax planning: It’s good to give"
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Eleanor Goodridge considers a case of extreme gift-making under an LPA ‘Purvis provides a clear example of how the OPG can step in to attempt to safeguard the interests of persons falling within the Court of Protection’s jurisdiction and the consequences which may result for attorneys and deputies alike.’ For practitioners, advising an attorney or …
Continue reading "Gifts: No carte blanche"
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Wills & Trusts Law Reports | Summer 2018 #172The applicant, TH, the donee of an enduring power of attorney for the property and
affairs of his father, HH, applied for retrospective approval of payments and gifts
made between 2011 and 2017 in the sums of £88,366 in favour of the applicant and
his family, and £15,196 in favour of his brother JH, the first respondent, and his family.
JH opposed approval of all sums save for £30,000.
HH lacked capacity and was unable to participate in any meaningful way in
decisions about his welfare or property or affairs. He required constant care from
August 2010. TH provided sporadic ...
Howard Smith summarises the position on the bestowing of gifts and other benefits when a person lacks capacity ‘In each case the deputy or the attorney must decide whether the size of any proposed gift is reasonable given the occasion on which the gift is made and the size of the estate.’ In cases where …
Continue reading "Court Of Protection: Best interests"
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Re Gladys Meek [2014] has lessons on safeguarding the mentally incapable from loss. Sam Chandler analyses the case. ‘The judge considered that it could not be in Mrs Meek’s best interests to require what was left of her resources to be expended on litigation to remedy the deputies’ default when a straightforward alternative was available.’ …
Continue reading "Statutory Wills: Doing the right thing"
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Jonathan Grogan sets out the current position on gifts from deputies and attorneys to themselves ‘While an attorney who is related to or connected with a person who lacks mental capacity is allowed to make gifts to themselves on customary occasions, a deputy would always need to seek Court of Protection approval for any gifts …
Continue reading "Capacity: Size matters"
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Wills & Trusts Law Reports | October 2013 #133The public guardian made an application to enforce a security bond of £44,300 in respect of unauthorised gifts made by the late Mrs Joan Treadwell’s deputy for property and financial affairs, Colin Lutz, who was her son from her first marriage. She had five children in total all from her first marriage.
At the age of 58 in 1984 Mrs Treadwell married her third husband William Treadwell, who had two daughters of his own: Joanna Wildgoose and Emma Treadwell.
In 2005 Mrs Treadwell was diagnosed as having Alzheimer’s disease and entered a nursing home. Mr Lutz was ap...
Jo Summers examines new guidance for banks on controlling money for someone else ‘The framework is not binding and it is not a formal code of conduct. It uses a mixture of legal summary and guidance to help banks determine best practice, although some issues are left unresolved.’ After many years’ negotiation, ‘a framework for …
Continue reading "Good Practice: Holding the purse strings"
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