Unsubstantiated Outstanding Care Home Fees after death

naedanger

I misunderstood, and now understand your predicament.

Perhaps ask the care home to get the LA to validate to them (i.e. the care home) the arrangement and then send you a copy. (The LA can't argue data protection prevents them from giving the information to the care home.)

Gavin83

Did she pay anything directly to the LA? How much are they asking for?

The LA should be able to provide a financial assessment and they should be happy to provide this to the executor. However even if the financial assessment hasn’t been done it doesn’t provide a get out for the fees, they’ll need to be paid anyway.

magical1963

Just to be clear, there is no intention or desire to get out of paying fees that are confirmed as being due.

I am seeking advice as to how best to address the situation and help the care home gather the documentation necessary to validate the invoice they have presented.

Thank you 

xylophone

Did your mother have PoA in place or did she fully manage her own affairs?


You have been told that an assessment was done - there must surely have been a letter with details?

theoretica

magical1963 said:

The care home have said they received X per week from the LA leaving a balance of Y from my mother.

Without validation from the LA it's impossible to verify that the care home invoice is indeed accurate.

So you just want confirmation from the LA that they paid X a week and not X+?

74jax

Where did the pension go?
My mother had her pension go towards care home fees. 
Do you have a record of a pension coming in to the bank account? If not this may have been her contribution. 

magical1963

xylophone said:

Did your mother have PoA in place or did she fully manage her own affairs?


You have been told that an assessment was done - there must surely have been a letter with details?

She managed her own affairs.  The LA have said that an assessment was done but that they cannot share the details with me due to data protection.

I am pretty sure they would be able to share the letter with the care home even if they redacted anything confidential.

magical1963

74jax said:

Where did the pension go?
My mother had her pension go towards care home fees. 
Do you have a record of a pension coming in to the bank account? If not this may have been her contribution. 

The pension went into her bank account.  There are no withdrawals of any kind in the 12 months preceding her passing.

magical1963

naedanger said:

I misunderstood, and now understand your predicament.

Perhaps ask the care home to get the LA to validate to them (i.e. the care home) the arrangement and then send you a copy. (The LA can't argue data protection prevents them from giving the information to the care home.)

Thanks - that's now what I've done.  Asked the care home to request the details from the LA...  As you say they should be able to do that.

Mojisola

magical1963 said:

She managed her own affairs.  The LA have said that an assessment was done but that they cannot share the details with me due to data protection.

That might be the case while she was alive but you are administering her estate - your job is to collect all information about her affairs. No executor would be able to do the job if all the deceased's information remained protected.