LPAs: Making Gifts, Tax Planning & Maintaining Others - Live with Caroline Bielanska

Introduction

According to the elder abuse charity 'Hourglass', 24% of people do not consider using the donor's money for their own needs and wants is abusive. Many attorneys do not understand their very limited power to make gifts under Section 12 of the Mental Capacity Act 2005, and so are not aware when they should apply to the Court of Protection for authority.

However, many legal advisers are also unaware of when an application is needed. For example, what falls outside of what is permitted? Is maintaining a spouse, adult child or parent allowed when the Act is silent? Can the attorney 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.