LPAs: Making Gifts, Tax Planning & Maintaining Others - Live with Caroline Bielanska
Section 12 of the Mental Capacity Act sets out very limited scope for an attorney to make gifts - but at what point is this exceeded?
When is maintenance not a gift and is it permitted given the Act does not expressly make provision?
Can your client invest in tax planning investment products and when is it necessary to make an application to the Court of Protection?
This live broadcast session is aimed at all professionals who advise donors and their attorneys to both ensure that the donor's wishes are carried out and to avoid the attorney exceeding their authority and being subject to an investigation by the Office of the Public Guardian.
What You Will Learn
The live and interactive session will cover the following:
- Identify what falls within the limits of the power
- Increase awareness of what falls within 'de minimis' exception
- Understanding when maintenance is not a gift
- Understand the importance of historical payments
- How to draft provision for maintenance in your client's LPA
- Understand when it is necessary and appropriate to apply to the Court for authority
- Update on Court decisions concerning tax planning applications
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.