Gift Applications

A deputy has the right to manage the money of a disabled person and spend it on their behalf, as long as what they are spending the money on is for the benefit of the disabled person. However, they do not have the right to make gifts of the disabled person’s money, other than small gifts for birthdays and Christmas etc.

So for example a deputy could not decide to give away £15,000 of the money belonging to a grandparent who has Alzheimer's to their grandchild, to help pay for a university education.

Sometimes, gifts like this can be a good idea, either because it would help the person with a disability to do some Inheritance Tax planning, or because it would be right to help look after their family and friends in that situation. 

Before such a gift can be made, the Court of Protection must give its permission. This involves making an application to Court setting out the financial position of the person with the disability, what their current state of health is and whether their financial needs might change substantially in the future. The application would also need to set out what the gift is that is being suggested, to whom it will be made and why. The Court will then decide whether the gift is approved or not.

Although you do not have to have a Solicitor to make the application for you, it can be very useful to do so. A Solicitor will make sure that your case is presented properly and all the arguments as to why it should happen are put forward in order to persuade the Court that the gift is a good idea. 

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We have dealt with making many gift applications in the past, such as the gift from a mother to her children of her rental properties, in order to minimise the Inheritance Tax that would be payable in the event of her death. If someone you know might be in a situation where a gift application would be appropriate.

If you would like to have a chat about your options or how we may be able to help you please contact a member of the team, complete our call back form or contact us directly at your local office.

Your Court Of Protection Team

Melanie Morley

Partner

Melanie qualified as a solicitor in September 2019 at the age of 43. Previously, Melanie was employed as a Court of Protection Paralegal at Gateshead…

Karen Pratt

Partner

Karen Stephanie Pratt is an equity partner and is head of the Court of Protection team. After being admitted as a solicitor in 1986, Karen became…

Sapna Tugby

Partner

Sapna previously worked as a mental health paralegal for Thaliwal Bridge solicitors, in Leicester. She obtained a LSC funded training contract, then worked…

Jonathan Barker

Senior Associate

Jonathan advises on all aspects of Mental Health and Court of Protection Law, alongside work in Civil Litigation. He is an Accredited Member of the Law…

Victoria Burrows

Senior Associate

Victoria joined BHP Law in December 2022 as a Senior Associate bringing over 10 years experience of working in Court of Protection (heath and welfare).…

Louise Jackson

Solicitor

Louise started practising in court of protection work in 2019. Prior to this, she was an advocate at Middlesbrough Citizens Advice Bureau. Louise completed…

Emma Wood

Paralegal

Emma qualified as a paralegal and completed her police station accreditation before joining BHP Law’s Court of Protection team. …

Catrina Hall

Trainee Solicitor

Catrina is currently a trainee solicitor having recently completed her LPC and Masters Degree in Law at Northumbria University, where she was awarded…

Lisa Clark

Trainee Legal Executive

Lisa joined BHP Law in November 2003 to provide Secretarial/Admin support in the Industrial Disease team, she became a Paralegal in 2005. Lisa…

Abi McDowell

Trainee Legal Executive

Abi studied law at A-Level and went on to successfully complete an apprenticeship in Business Administration. She joined BHP Law in 2018 as a secretary…

Ben Armstrong

Apprentice Solicitor

Ben joined BHP Law in September 2022, after finishing his A-levels. Within Ben’s first year as a Solicitor Apprentice, he joined the Wills, Trusts,…

Megan Austin

Apprentice Solicitor

Megan joined BHP Law as a Solicitor Apprentice in 2022, following the completion of her A-Levels. Megan studies at Northumbria University one day per…

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