Court Of Protection: Best interests

Radcliffe Chambers | Trusts and Estates Law & Tax Journal | September 2016 #179
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 …

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Capacity: Size matters

Womble Bond Dickinson | Trusts and Estates Law & Tax Journal | October 2014 #160
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 …

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