133: The rules for making gifts under a Power of Attorney, with Holly Mieville-Hawkins

Oct 12

Watch my conversation with Holly on YouTube or listen on the podcast player below

You want to mitigate the inheritance tax your estate will pay, and this need becomes more acute as you get closer to the end of your life. And it’s no different when you’re acting in a loved one’s best interests as their attorney if they’ve lost mental capacity.

One way to reduce inheritance tax is to gift some of your assets. But there are complex rules around gifting, even more so if you are gifting on behalf of someone when acting as their attorney under a Power of Attorney.

Holly Mieville-Hawkins is a solicitor who specialises in the Court of Protection and Mental Capacity.

In our conversation we discuss the important role an attorney plays, how to understand what a donor’s “best interest” is and what this means for gifting, and the main rules for gifting when acting under a Power of Attorney.