Care Home fees

lozzark

pmlindyloo wrote: »

If the discharge to the nursing home was made so that your dad could have an extra period of recovery but did not need the acute services of the hospital then this should be paid by the NHS. (For example, my elderly mother had a period of 6 weeks in a nursing home as part of her reabilitation after breaking her ankle - paid for by the NHS.)

If the discharge to the nursing home was made as a trial period for a time to see whether a nursing home was suitable or whether going back home was an option then this would be paid by your dad (after the financial assessment.)

The distinction between these two to me is unclear. A trial period was mentioned. However, my dad needed a period to recover without necessarily hospital services. But he could not have gone home unless his mobility improved. His leg muscles had wasted while he was in hospital and he was supposedly receiving physiotherapy. He could get out of bed with assistance and propel himself with a wheelchair. He would not have agreed to go to the home if he had top pay or if he had not been told it was a path to returning home. No one talked about long term care because my dad would not entertain it.

I guess I'm confused because I can't see why "intermediate" care is not applicable here. I asked the LA/SS but they did not answer.

Intermediate care is explained here and is not means tested.
Google "FS76 December 2010". As a newbe I can't post a link.

IMO this doc appears to imply that the care was or should have been intermediate. Can anyone explain why not? I've located a solicitor and I'll be making an appointment soon.

sleepless_saver

Have you seen this factsheet on paying for temporary care? It covers some of the issues you raise.

Perryl_2

Lozzark, you need to double check with the home whether they have any contracts that your dad signed, and if yes, what they stated with regards to his length of stay and type. You need to know if they paperwork they have states intermediate or temporary with a length of time for his stay, or even permanent. Yes, the LA/SS told you intermediate, but you need to know what they told the home to, to help you fight your case. If they say intermediate, and can provide you with the evidence (tell them you need it to fight a complaint with the LA as they are charging you and you believe they shouldn't be) then quote that evidence and the age UK factsheet sleepless saver has linked to the LA/SS and see where you get.

However, you mentioned that they worded what they wanted your father to do was to go in on a trial basis; that is usually something done with a view to long term residency. You need to know if that was what they told the home, because if that is the case, you need to take up a complaint with LA/SS because that was against your father's wishes if he wanted to return home.

Again, take a good look at the factsheet that sleepless saver has linked, it has a great guide to the financial side of things, explaining what is and isn't taken into consideration and the reasons for each. As you and your father were told it was a temporary stay, the parts that are considered for the financial assessment mentioned on the fact sheet could be very important to your case.

These are all things that your solicitor will need to know. Also, at the end of the day, if there is nothing signed the LA don't have much of a leg to stand on - believe me, they say the same thing to the homes themselves sometimes when it comes to them owing the homes money!

The other question is with regards to your dad's means. They may have been above the upper threshold upon his death and you being able to access them for this reason? It depends on what they are and where they are and what they were being used for when his financial assessment was done whether they can really take these into account. Such as if any was tied up in properties, ISAs or being used to fund the property he was previously in and relevant bills as someone else is living there.

I would really advise you to get the home to give you what information they can with regard to what they were told. I'd certainly be very keen if I were you to suggest the idea to everyone involved, LA etc, that you are putting together a complaint with regard to the treatment you have received as a family as well as your father's care itself. This usually makes them a lot more helpful.