Ownership Options in Scotland
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Alternative approaches

The issues surrounding legal capacity (or the lack of it) and/or financial issues can make the purchase of a home by a disabled person very complicated. There are, however, alternatives that can avoid these issues but allow the disabled person to live independently.

  • The purchase of a house by a family member for rent to a disabled person can overcome either financial or legal capacity problems. In some cases it may also be possible for a disabled person to claim Housing Benefit to pay the rent.
  • Setting up a trust may be an option where someone does not have the legal capacity to contract to buy. Since a trust is viewed as a separate body in law it can acquire a property that can then be rented to the disabled person.

It is important to note that whilst someone without legal capacity can't contract to buy a home, they can inherit one or receive it as a gift. It may, however, still be necessary to set up a power of attorney or legal guardianship to deal with ongoing issues such as bills and property maintenance.

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