Care home fees

kjrann

In 2021 my FIL had a long spell in hospital following a stroke and was eventually transferred to a care home before he could be deemed well enough to return home. He stayed in the care home from November 2021 to Jan 2022. At no point did any healthcare or social worker inform us verbally or in writing that we would have to pay for the care home fees but in March 2022 we received a bill for £15,000. We wrote to dispute this on the basis we had not been notified that care home charges would be made and never got a reply. Fast forward to February this year, we were chased for payment of the bill, we explained the situation and was told someone would contact us once they had been able to review the records. No-one has ever contacted us.  We’ve just had a letter this week chasing again for payment as they have found out FIL has now passed away and want to know who is executor so they can chase payment. The only letter we received from social worker was in February 2022 that stated a home care assessment was completed and we would now be responsible for self-funding FIL care. FIL returned home in Jan 2022 and we were already self-funding home help, so the letter wasn’t really relevant.

Does anyone know where we stand re having to pay the invoice? Everything is going through probate currently but how can anyone be expected to pay (a very large) bill when we have not been notified? Just looking for some advice before responding to their letter.

huckster

Did a member of your family sign any document when FiL went into care?

If FiL had assets above about £24k, then I think any amount would come out of the estate, but the person handling the estate would have a priority order list of which debts to settle.

You need to go back to the Council social worker team that helped place FiL in care. Find out what process was followed and where legal liability for the Care Home fees falls. Council may have some responsibilities, but it depends on FiL's finances and whether member of your family signed anything.

elsien

You need to contact the local authority financial assessment department. It sounds like they carried out a financial assessment for home care, and if he was assessed as being a self funder for home care, finance limits are the same as for residential care so he would very likely have been a self funder for both. Did he have capacity around his finances, and might he have signed the relevant paperwork himself? Although I thought there was a disregard for the first few weeks, but stand to be corrected on that. 

https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/

Formal complaint to the local authority if you’re not getting any proper answers. 

kjrann

Thank you Elsien - my BIL had power of attorney so FIL should not have signed anything.  BIL also not aware he signed anything.  I'll follow up with Council as not sure they followed their procedures as surely they have a duty to inform family that provision of care is down to family to fund.

lisyloo

Were his care need primarily medical e.g. intravenous lines, injections etc.
or was it mainly personal care - mobility, feeding, washing etc.

Did he need nursing care?

There are normally 2 assesments done.
One is for health and the other for finances.
The bar for NHS health care is very high i.e. he'd had to need intravenous interventions.
There is a lower bar for FNC - funded nursing care.

There should have been a financial assessment where they look at income and assets to decide whether someone is self-funded or Local authority funded. Did the BIL do this? Did anyone do this?

Does BIL have POA for health, finances or both (there are two).

HillStreetBlues

If needing Intermediate care  after hospital stay should there be a 6 week run on that care is paid for? before a person has to start paying themself?

kjrann

HillStreetBlues said:

If needing Intermediate care  after hospital stay should there be a 6 week run on that care is paid for? before a person has to start paying themself?

Thanks - that’s what I have read but the point is no one explained this or notified us

lisyloo

kjrann said:

HillStreetBlues said:

If needing Intermediate care  after hospital stay should there be a 6 week run on that care is paid for? before a person has to start paying themself?

Thanks - that’s what I have read but the point is no one explained this or notified us

Did you ask?
The attorney should be acting in his best interests.

you may be able to complain about them being slow - to which the response may be "staffing issues", but expect to get a "you should have asked if that was a concern" included in the response.

HillStreetBlues

I'm not sure if there is any duty to warn of the cost of care after hospital discharge.
Actually talk of cost might well be avoided as to try and cut down on bed blocking.

I had care (at home) for 3 months, the cost assessment didn't take place until 2 1/2 months of care.

FusionFury

Worth getting a second opinion maybe? 

sheramber

FusionFury said:

Worth getting a second opinion maybe? 

Who from?