Unsubstantiated Outstanding Care Home Fees after death

elsien

I’d be challenging the data protection side of things with the local authority

Technically, the data protection legislation only applies to someone who is alive, although in some circumstances there can be an ongoing duty of confidentiality after death.

But I think the executors have a very good case for arguing that they need the information in order to carry out their role so escalating through the LA till you get someone sensible, or making a formal complaint  might move things along.

Could be worth checking with the ICO about your rights here. 

xylophone

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

An executor has a legal duty to verify any payments from the estate that he is called upon to make.

Write to the LA and put this point.

getmore4less

magical1963 said:

........

It has been explained to me that the reason for the arrears was that bank mandates had been rejected due to a signature issue, and that my mother was unable to visit a branch to validate the payments.

I want to resolve the issue with the care home, if there are genuine arrears I would like to pay them from her estate but at the moment I have no documentation to support their validity.

What else can I do?  Any experience with a situation such as this?

Thank you

Mark

The bank might be able to help with identifying any rejected mandates.


if mum was managing her own affairs  what has happened with the paperwork dealing with the financial assessment that she would have received, 

magical1963

xylophone said:

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

An executor has a legal duty to verify any payments from the estate that he is called upon to make.

Write to the LA and put this point.

Thank you - will do. 

magical1963

getmore4less said:

magical1963 said:

........

It has been explained to me that the reason for the arrears was that bank mandates had been rejected due to a signature issue, and that my mother was unable to visit a branch to validate the payments.

I want to resolve the issue with the care home, if there are genuine arrears I would like to pay them from her estate but at the moment I have no documentation to support their validity.

What else can I do?  Any experience with a situation such as this?

Thank you

Mark

The bank might be able to help with identifying any rejected mandates.


if mum was managing her own affairs  what has happened with the paperwork dealing with the financial assessment that she would have received, 

The only paperwork collected from the care home by the social worker was an old bank statement and her bank card.  I will double check with the care home but I have already collected personal effects and there was no further paperwork.

Technosaurus

Hi magical1963,

My grandmother died in care and she had been in there for 8 years. Due to other deaths in the family, everything fell to me.
I was various things for my grandmother - legal guardian and deputy while she was alive, and Executor of her estate when she died. The care home presented a bill after her death, just as happened to you, and I was able to just check it's validity with a couple of phonecalls - chiefly to her 'case worker' (may have had a different title) at the local authority.

They were able to provide me detailed 'Accounts' of everything dating back for the whole time my grandmother was in care, complete with initial contracts. There was no data protection issues, it was quite a simple cut and dried procedure, I paid the bill, life moved on.

But you are absolutely right to want to see some paperwork - knowing how much stuff I had to sign for my grandmother I can't believe there is no paper trail at all. I would suggest this is really in the Local Authority's court to show what's going on. I find it odd that the care home didn't keep contracts either but I know they have high staff/management turnovers, however Local Authorities have entire warehouses of old paperwork dating back decades. As others have said, you have a legal right to check it's in order and, when proved to be so, the Estate will pay the dues.

One thing I would advise is that with my grandmother's affairs, she was on some sort of "interest free loan" agreement where  her flat was collateral: the Local Authority paid for her care, then the vast majority of her income (pension) went to them and the balance was up to us to pay within 56 days of her death. We were aware of this when she was alive so had saved provisions for when the time came and could sell her flat at a more leisurely pace to get best value, I'm sure some people get stung for big bills and then have to do a 'fire sale' of the property...