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Tag Archives | Court of Protection Opinion
Attorneys and their authority to make gifts

The question arising in a recent case brought before the Court was, whether a person who had been sectioned under s.3 of the Mental Health Act 1983
When you are appointed as attorney the question will sometimes arise about gifts and whether they can be made on behalf of the person who lacks capacity. The authority of an attorney to make gifts is laid out on s.12 of the Mental Capacity Act 2005. In short the authority to make gifts is limited to customary occasions for those connected with that person or to a charity, all the while being a reasonable size when looking at what assets that person has and what they would usually gift.

Cross-border capacity issues

As a background to this cross-border capacity case, P lived in Portugal with his sister. The Court had ordered that P was to return to the UK, where he was from, however his sister disagreed with this Order.

This was an appeal for which the Court had to consider whether the original Order made was a good way of getting him back to the UK. They also had to look at whether returning to the UK was still in P’s best interests.

Court of Protection and Interest Rates

The Daily Mail caused controversy amongst Court of Protection practitioners this week when it published an article entitled “secret court in control of a two billion fortune”. The article was, in our opinion, full of half truths and inaccuracies although it did raise an  important question in relation to the interest rate currently paid by…

Living Wills

Today, I was reading the May edition of 39 Essex Street Chambers’ excellent Court of Protection Newsletter and noted a recent decision of the Court of Protection which, amongst other things, provides a salutary, but sad, lesson on the importance of obtaining proper legal advice (in this instance, in relation to Living Wills). In An…

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