Put simply these assessments look at whether you have the understanding, and awareness of any potential consequence in the gifting you are planning to make. A well evidenced Mental Capacity Assessment for gifting will protect you, and those you wish to gift; from the decision later being contested by others in your network who might have an interest in that which has been gifted.
The assessment is completed using the common law test for Capacity to Make A Gift, set out in Re Beany (1978). The extent of the understanding required to gift varies with the transaction concerned. For example, the degree of understanding required when an individual gives away his main residence (and principle asset of value) would need to be evidenced as being comprehensive.
For more substantial gifts, a higher degree of understanding would be required, and would be assessed using the Banks v Goodfellow (1870) test.
Our Independent Social Workers can provide assessments in a variety of environments including the individual’s home, care home, or in a hospital setting. Assessment appointments usually take no more than an hour to complete and are conducted in an empowering and empathetic manner. Making sure you are comfortable is our priority.
Friendly Advice When You Need it
Applying for the Capacity to enter into Contract to make a Gift can be daunting and difficult to navigate. That’s why we provide free and confidential advice, and offer exceptional care when it comes to assessment. Please do get in touch if you’re a member of the public seeking guidance on capacity assessments, however we do recommend seeking legal advice from independent advisors that specialise in financial law. This way you can be sure that you’re choosing the right assessment for your situation.
We have recently seen an increased amount of referrals to us from Independent Financial Advisors, who are wishing to ensure that their clients wishes are protected, when making decisions on investments or gifting, as part of Later Life independent financial advice.
Are You Making a Gift?
Call us today on 0333 772 9315 or fill out our enquiry form. We’re happy to help.