Course description
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?
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.
Join Caroline Bielanska as she explores what falls within the limits of the power, what falls within ‘de minimis’ exception, and when maintenance is not a gift. She will also discuss the importance of historical payments, drafting provision for maintenance in your client’s LPA, and much more.
Upcoming start dates
Outcome / Qualification etc.
Training Course Content
Introduction
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
Expenses
MBL Seminars Limited
MBL is a leading learning and development provider for professional service firms. Over the past 18 years, more than 198,000 people across 23,000 different organisations spanning 81 countries, have chosen us to deliver their training. With over 800 expert speakers...