Appendix F
Requirements in applications to encroach on Capital
Made in terms of:-
Section 7 of the Judicial Factors Act (1849) or
Court of Session Rule of Court 61.13 or
Sheriff Court Rule of Court 15
Where an application is made for power to encroach on capital the Accountant will, in general, require the following information:-
| a. | whether it is medically desirable that the Ward remains or moves to the proposed Nursing Home or accommodation (a Medical Certificate will be required to this effect). |
| b. | whether there is any likelihood of suitable alternative accommodation being found for the Ward at a lesser cost. |
| c. | the total cost of the Ward's maintenance in the Home (for the year). |
| d. | the Ward's total income from all sources and the estimated deficit. (Where there is a house which is in the process of being sold the estimated income from the process of sale should be included). |
| e. | whether the Home has the nursing facilities to look after the Ward, should his or her condition deteriorate. |
| f. | whether the Ward will be able to remain at the Home by virtue of assistance from DSS, if no funds from the estate remain. |
| g. | the Ward's age. |
| h. | any other relevant information. |
If the Ward is in a Private Nursing Home then Attendance Allowance should be received from the Benefits Agency. If it is not, an application should be made for the allowance immediately.
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