Care home fees for living relative - who is liable?

mickym

A friend's close relative is in a care home for close to two years now. 

As far as we know the resident is paying for their stay at the home via bank card, as my friend hasn't got involved with payments.

My friend recently received a letter in the post FAO of them, on behalf of their relative. This letter was to inform of minor changes to Ts and C's, and says that it needs to be signed to acknowledge and agree to the changes, and if it isn't signed by a certain date, then they will take that as acceptance of the terms and conditions.

Upon reading the details is states that my friend is noted as the residents representative.

It states as a representative they are liable for the resident's costs should payments cease, unless they are named as having Power of Attorney (which they currently aren't), where they wouldn't be personally liable for costs and any would only come out of the residents own funds.

 My friend has never signed any documents agreeing to this, and has only ever said he was next of kin and point of contact.

They were just going to ignore this letter, but as it states if it isn't signed it is considered as accepted, it seems it could come back to bite them. 

They want to still look out for their relative, but don't want such risk of being liable for payments.

Could anyone advise?

pbartlett

You cannot make somebody personally liable for debts simply by sending them a letter saying that if you do nothing you are liable

 In any case the best thing to do is simply to return the letter saying you do not accept this and that you will not be liable for any debts incurred

[Deleted User]

Let them know that he is not responsible for the payments.

Much better to clarify it with them now than when money is owed.

mickym

Thank you.

I suppose the next question is, if they remove my friend as the representative, does that leave his relative easy to be manipulated, or sign something they don't quite understand.

sassyblue

mickym said:

Thank you.

I suppose the next question is, if they remove my friend as the representative, does that leave his relative easy to be manipulated, or sign something they don't quite understand.

Depends if that relative has capacity to act? does your friend know the state of their relative's mind and health?

if they are of sound mind that’s great but now would be a good time to arrange POA for both finances and health. Things get difficult if it’s left too late.

AskAsk

they should raise the matter with the care home, that they can not be held liable for the resident's rents as they have not agreed to pay the rents for the resident.

justworriedabit

Hi OP

As Askask stated, do as I do, call the care home direct. Tell them in no uncertain terms that it is ludicrous for them to expect you to take responsibility unless their letter is worded poorly and they mean something else.

ratechaser

justworriedabit said:

Hi OP

As Askask stated, do as I do, call the care home direct. Tell them in no uncertain terms that it is ludicrous for them to expect you to take responsibility unless their letter is worded poorly and they mean something else.

By all means call but this needs to be confirmed in writing.

Pollycat

ratechaser said:

justworriedabit said:

Hi OP

As Askask stated, do as I do, call the care home direct. Tell them in no uncertain terms that it is ludicrous for them to expect you to take responsibility unless their letter is worded poorly and they mean something else.

By all means call but this needs to be confirmed in writing.

Excellent post.

For something like this, I wouldn't even bother ringing.

I would send a carefully worded email.

I'm not sure it is necessary to "tell them in no uncertain terms that it is ludicrous for them to expect you to take responsibility".

I'm sure a less contentious approach can be found.

Even if the contents of the letter are ludicrous.

mickym said:

It states as a representative they are liable for the resident's costs should payments cease, unless they are named as having Power of Attorney (which they currently aren't), where they wouldn't be personally liable for costs and any would only come out of the residents own funds.

This sounds really odd.

Does the care home have any reason to believe that payments might cease?

leshoopers11

Unless I've missed something it would be good to talk to the relative in the care home. They must have given the care home your friend's name. Any debts will need to be honoured by the relative and if they haven't got sufficient funds then the relative will need help from his/ her local authority. If the relative has not got mental competency then someone needs to act for them - not your friend. Setting up an LPA would only be possible if the relative still had mental competency. Trying to make your friend liable is probably a 'fishing expedition". Is the relative very much alone in this matter - if so that's very sad? My dad was in a care home for the last 5 years of his life and I was his attorney. He had sufficient funds so there was never any talk about.my paying his fees.

mickym

My friend is the residents brother.

He only ever told the care home that he was a point of contact and next of kin. Never said he was liable to support his brother.

The brother I believe has been making payments so far as the issue of non payment over the last 2 or so years has never been mentioned. 

As mentioned earlier this document they are asking to be signed states:

- if the representative named is also the POA then they aren't personally liable for payments and they can solely come out of the residents own funds 

-if they aren't the POA then they will be liable for any fees not paid by the resident.

Going through the POA process has been made difficult due to covid restrictions with care homes. No one has been able to visit so not sure how a solicitor could be involved to carry out the process, i.e. witness of signatures etc.

Has anyone done it here over the last year or so?