Has anyone ever made a successful gift application to the CoP? I have made an application for myself and my siblings but am finding it hard to provide all the unbelievably detailed financial information they require and wonder of ts worth continung with it.
Successful gift application to CoP?
- Thread starter Tubbsy
- Start date
Given the criteria on which gifts can be made by a deputy I would doubt the chances of you succeeding in being allowed to make the gift.
A deputy must act in the person concerned best interests and giving money away other than in a customary manner as per the Mental Capacity Act 2005 usually don't get passed.
K
A deputy must act in the person concerned best interests and giving money away other than in a customary manner as per the Mental Capacity Act 2005 usually don't get passed.
K
This is the up to date guidance from the OPG
https://publicguardian.blog.gov.uk/...-guide-for-deputies-and-attorneys-on-gifting/
https://www.gov.uk/government/publications/giving-gifts-a-guide-for-deputies-and-attorneys
Probably worth a read.
https://publicguardian.blog.gov.uk/...-guide-for-deputies-and-attorneys-on-gifting/
https://www.gov.uk/government/publications/giving-gifts-a-guide-for-deputies-and-attorneys
Probably worth a read.
Thanks Chemmy. I think that bearing in my mind my brother would like to borrow some money and plans t have a contract drawn up and pay interest, I don't need approval from the CoP. My mum would definitely want him to have the money as he might have his home repossessed otherwise and she gave him much more a few years ago. The CoP told me I have to apply for all of us because we're all in mum's will. I think they make things unnecessarily complicated and expensive!
I would have thought that sound legal advice and a contact drawn up by a solicitor would be essential in this situation to avoid misunderstandings further down the line. There are a lot of 'what ifs..?'
What happens to the loan if your mother dies before it is repaid? What happens if he defaults on the payments? Presumably your brother intends it to come out of his share of any inheritance? That needs to be in writing or otherwise he might still expect an equal share of what's left, leaving the other beneficiaries out of pocket.
Never ever underestimate the potential family conflict that can result when inheritance rears its often ugly head.
What happens to the loan if your mother dies before it is repaid? What happens if he defaults on the payments? Presumably your brother intends it to come out of his share of any inheritance? That needs to be in writing or otherwise he might still expect an equal share of what's left, leaving the other beneficiaries out of pocket.
Never ever underestimate the potential family conflict that can result when inheritance rears its often ugly head.
Never ever underestimate the potential family conflict that can result when inheritance rears its often ugly head.
And it’s really nasty when it happens as I know to my cost.
And it’s really nasty when it happens as I know to my cost.
Hi Tubbsy
You absolutely do need the COP’s permission to lend your Mum’s money to your brother.
The golden rule is ‘is it in your Mother’s best interests’?
You absolutely do need the COP’s permission to lend your Mum’s money to your brother.
The golden rule is ‘is it in your Mother’s best interests’?
As a deputy I treat the 'gift' part of this responsibility as applying the norm for my mum to treat the family, and this also includes finding out my mum has paid my sister's bills over the years. So I use my mum's bank account for cash gifts for birthdays and Christmas (for the people she would do this for) and include my sister's bills under gifts. This never exceeds the OPG's guideline for what is acceptable, bearing in mind that you're donating someone else's money.
