Money in bank/care home

Yorkshireman99

amyanderson2 wrote: »

Hey there, just looking for a bit of advice. My step dad's mum has passed away in a care home that was fully paid for by dwp/ government.
The care home have issued their final bill however all she had was the money in the bank, £800 which obviously doesn't cover funeral costs let alone care home bill.
My question is, since the money was paid into her bank for care home fees (by dwp etc) does this still have to be paid or can this money now go towards her funeral costs?
Thanks

The funeral costs take priority. As the estate is insolvent you need to be very careful what you do. Google insolvent estae for more details.

macman

As stated above, the funeral costs have first call. The care home fees will be written off. But if the OP arranged the funeral then the costs will be down to them if the estate is insolvent. The paperwork they signed will reflect this; effectively they have to act as guarantor.
That would be the situation in England, but I'm not aware that the law is any different in Scotland in this respect.
The normal arrangement would be that the bank will require a copy of the death certificate and the funeral director's bill, and they will then pay that bill (or in this case, a part of it) directly.

amyanderson2

Just found out that the money in her bank is her pension which she then spent on her care home fees.
Assuming now that the outstanding fees don't have to be paid? How do you go about informing the home that they won't get paid?
Thank you for your help

Linton

amyanderson2 wrote: »

Just found out that the money in her bank is her pension which she then spent on her care home fees.
Assuming now that the outstanding fees don't have to be paid? How do you go about informing the home that they won't get paid?
Thank you for your help

I wouldnt put it like that!

Write to their accounts department quoting the bill reference and let them know that after funeral expenses the estate is insolvent.

SevenOfNine

Be careful before taking advice here as 'gospel'. You have subsequently made it clear you are in Scotland, therefore things need to be black & white specifically for there, not confused with what happens in England, or assumptions that it may be the same.

Personally, I'd contact either the Scottish AgeUK http://www.ageuk.org.uk/scotland/ or the Scottish CAB http://www.cas.org.uk/ (the former will probably know more), before informing the care home that they will not be paid, & before utilising these small funds towards the funeral costs.

Is it possible there may be overpayments of this pension which might have to be returned?