I received a number of queries regarding last month’s blog, the main question being “Is there an alternative to gifting the Family Home?” as some people are not in a position to place their property into a Family Trust.
Following on from my “Easter Gifts” blog, I received a number of queries about gifting the family home so I thought I would address this topic this month.
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.
For most people who are appointed either as an attorney or deputy, a difficulty can arise over a question of gifts and the authority to make them.
Gifts are part of everyday life and there are many reasons why someone would make a gift. If someone does lack capacity and has a deputy or attorney in place there are strict rules about what gifts can be made.