News / General

Transfer of family homes of elderly persons update

By SLAS Spokesperson

The committee has been continuing its deliberations on this topic in the light of the recent decision of Yule v South Lanarkshire Council and hopes to be able to give some guidance to members soon. This was an application for a judicial review in which the petitioner, Mrs. Rhoda Yule, aged 81 on whose behalf the Petition was presented by her son acting under a Power of Attorney, sought reduction of a decision of South Lanarkshire Council that Mrs. Yule was not entitled to public funding for her accommodation in a Nursing Home because she had notional capital of ?16,000. This sum was represented by the value of her heritable property which she had disponed to her granddaughter, retaining a liferent for herself. Lord Philips in his Opinion of 4th February 1998 considered that the Council was entitled to treat the property as notional capital "so long as the transfer was made for the purpose of decreasing the amount that the petitioner might be liable to pay for accommodation, even although the transfer was made more than six months before she entered the Nursing Home".

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