Secure court approval for gifts & transfers

Our expertise

Whether you’re acting as a deputy, attorney, or close family member, ensuring these decisions are legally sound and in the person’s best interests is essential.

At Anthony Gold Solicitors, we provide clear, compassionate guidance to help you navigate the rules around gifts, transfers, and statutory wills, including when and how to seek court approval. With our support, you can act with confidence, knowing you’re doing the right thing for the person you care for.

The legal powers of deputies & attorneys

When acting on behalf of someone who lacks mental capacity, it’s important to understand the boundaries of your legal authority as a deputy or attorney. The law ensures that any decisions you make prioritise the individual’s best interests, including those involving gifts or financial transfers.

What deputies & attorneys can do

As a deputy or attorney, you may have limited powers to make certain types of gifts without needing court approval. These include:

Customary gifts: Reasonable gifts on occasions like birthdays, anniversaries, or weddings.
Charitable donations: Modest contributions to charities the person has historically supported.

However, these actions must align with two key principles:

The value of the gift must not be unreasonable in relation to the person’s overall financial position.
The gift must reflect the individual’s previous habits, preferences, or expressions of generosity.

Understanding ‘reasonable’ gifts

To determine whether a gift is reasonable, you’ll need to consider:

The size of the individual’s estate: For someone with limited savings, even small gifts could be unreasonable.
The person’s ongoing needs: Will making this gift compromise their ability to afford care or other essentials in the future?
The nature of the relationship: Gifts should be appropriate to the connection between the individual and the recipient.

These considerations protect the person’s assets and ensure their best interests are upheld.

When powers are limited

There are strict restrictions on gifts and transfers that fall outside of what is deemed ‘reasonable.’ Deputies and attorneys cannot:

Make large or unusual gifts, such as transferring property or giving away significant sums of money.
Create or amend a will on the person’s behalf, even if it aligns with their past wishes.

For these actions, you will need to seek court approval through the Court of Protection.

Why legal guidance matters

Even when you believe a gift or transfer is reasonable, interpreting the rules can be challenging. Missteps can lead to disputes or legal consequences. Seeking advice early helps ensure:

You understand the scope of your authority.
Your actions comply with legal requirements.
The individual’s assets are safeguarded.

By consulting experienced solicitors, you can avoid potential pitfalls and make informed decisions that honour the individual’s wishes and needs.

When is court approval required for gifts & legacies?

Certain decisions regarding gifts or transfers go beyond the authority of deputies and attorneys, even when made with the best intentions. In these cases, the Court of Protection must step in to assess and approve actions that could have a significant impact on the individual’s finances or future.

Situations requiring court approval

You will need to apply to the Court of Protection if you wish to:

Make a large or unusual gift: Examples include transferring property, gifting substantial sums of money, or providing financial support that doesn’t align with the individual’s prior habits.

Create or amend a statutory will: A statutory will is a legal document made on behalf of someone lacking capacity. This is often necessary if:

There are no existing wills.
Their current will no longer reflects their circumstances or intentions.

Undertake financial arrangements with long-term implications: This could include significant investments or loan agreements.

The court’s role

The Court of Protection will carefully review applications to determine whether the proposed action is in the person’s best interests. The court considers factors such as:

The individual’s past wishes, habits, and preferences.
The financial impact of the proposed gift or transfer.
The likelihood that the action aligns with what the person would have decided if they had capacity.

This process ensures transparency and protects the individual from financial harm or exploitation.

The application process

Seeking court approval involves submitting a detailed application, including:

Reason for the request: A clear explanation of why the gift or transfer is necessary.
Supporting evidence: This may include financial records, details of the individual’s assets, and any prior expressions of their wishes.
Best interests assessment: Demonstrating how the proposed action benefits the individual.

Once submitted, the court may ask for additional information or arrange a hearing if the application is complex or disputed.

Words from our clients

I have trusted the advice and services of Anthony Gold for 13 years. Always prompt and professional. I would strongly recommend their services.

Our Client

The court of Protection team went above and beyond. My wife and I were delighted with their conscientious work ethic and their availability at all times. Not to mention their professional and knowledgeable attitude. We are eternally grateful to the entire team.

Mark Dodson

The team at Anthony Gold cannot be praised highly enough. Professional, considerate, empathetic and courteous at all times, they are a pleasure to deal with despite sometimes challenging personal circumstances. Highly recommended.

Patrick Folkes

How Anthony Gold Solicitors can help

Our expertise in Court of Protection matters

With years of experience handling cases involving gifts, transfers, and statutory wills, our solicitors understand the unique challenges these decisions can present. We offer support in areas such as:

Assessing the need for court approval: Clarifying whether a gift, transfer, or legacy action falls within your existing powers or requires an application to the Court of Protection.
Drafting and submitting court applications: Preparing comprehensive and accurate applications, ensuring they meet all legal requirements to avoid unnecessary delays.
Statutory wills: Advising on situations where a statutory will is needed and managing the process from start to finish.
Representation in hearings: Providing expert representation if your application requires a court hearing, presenting a clear case to support your position.
General advice for deputies and attorneys: Helping you understand your legal duties and make decisions confidently.

Empathy & professionalism

We recognise that this process often arises during emotionally challenging times. Our solicitors are committed to working with empathy and professionalism, taking the time to understand your concerns and provide clear, straightforward advice.

Why choose Anthony Gold Solicitors?

Choosing the right legal team can make all the difference. Anthony Gold Solicitors are recognised leaders in Court of Protection matters, known for:

Expertise & reliability: Trusted by clients and legal directories, including Legal 500 and Chambers and Partners, for excellence in managing complex cases.
A client-first approach: Praised for securing outcomes that protect vulnerable individuals while addressing family concerns.
Attention to detail: Known for leaving no stone unturned in ensuring every decision aligns with the individual’s best interests.