Gifting by attorneys

Analysing approaches in an important area of practice

Alexander Drapkin

The gifting of P's property during their lifetime forms a substantial part of the work of professionals operating within the property and affairs jurisdiction of the Court of Protection and indeed the work of the court. Applications that come to court tend to be important both to the potential recipient but also to those representing P. While the gift of P's property on death by way of a statutory will is one thing, the gift of their property during lifetime is likely to be subject to greater scrutiny by those acting on their behalf and by the court for the simple reason that P might need the money before they die. The future is inherently hard to predict and many Ps have substantial, unpredictable and expensive needs.