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Court of protection

13 February 2025

Capacity to make a gift

A gift can be anything of value, such as cash, personal possessions and property. If a person chooses to dispose of an asset for less than it is worth this is also considered to be a fit. The act of giving a gift is typically done to express care, appreciation, celebration or goodwill. Gifts are often exchanged during special occasions such as birthdays, weddings, anniversaries and customary occasions, but they can also be given spontaneously as a gesture of kindness or generosity.

Simon Hardy

13 February 2025

Capacity to manage property and financial affairs

An assessment to determine whether an individual has capacity to manage their property and financial affairs is required when an individual’s capacity is in doubt and they need to make decisions relating to their property and finances. For example, they may want to sell or purchase a property, need to manage an award of damages or need to manage their overall affairs.

Simon Hardy

28 November 2023

If my mother moves into a care home, does she have to sell her house to fund her care if I’ve lived with her my whole life?

The question of how care for a parent is funded can be a pressing one that has the potential to cause stress and concern. 

Anita Gill

31 October 2023

Lay deputy blog series: I am a deputy - where do I start? Things not to do

Now you have an idea of the full scope of your role as deputy, here are a few cautionary comments based on our years of experience of working within the field of Court of Protection.

Lauren Eyre

24 October 2023

Lay deputy blog series: I am a deputy - where do I start? The Gifting guide

It is not unreasonable for gifts to be made to those close to the Protected Party ("P") during their life time and this can be in a number of ways, whether this be customary, practical or just a one-off gesture. 

Lauren Eyre

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