Care at home bill

clairesomp

Would be grateful if anyone could help. My mum was vetted for carers to come to look after her in my annex next door. This was done as financial help from the local authority, sadly my mum has passed away in september and has been referred to the coroner due to unstageable pressure sore which led to her preventable death of sepsis. I Have recieved the care at home bill but unfortunately mum’s estate will not cover that amount due to no savings, properties, car etc. I made sure her funeral came first and then her electric bill. I not sure whether to offer to pay so much per month from my wages as a good will gesture even though I am not expected to pay this.I used to pay for her care in chunks from her dla allowance. 

I also have another problem with the dwp requesting an over payment of pension and pension. Mum passed away on the friday and it was to late to notify due to pension being deposited into her account on a monday. 

I know I have to call them but would like to know my rights before I contact them.

Kind regards Claire 

Rubyroobs

If your mum had less than £23250 when the care started she should have had a financial assesment to see if she needed to pay for care. Whether this can be done retrospectively I don't know but you could contact your local authority to ask.

Brie

In my opinion you should be telling both of them that your mom's estate is zero (assuming that's what it was) and that there's no funds to pay anything back.  If there was a small amount left I'd be paying that amount to the pension but nothing extra.  

You certainly don't owe the council anything given that she was already know to them as needing help to pay for care (and the care doesn't seem to have been all that great).

p00hsticks

clairesomp said:

I made sure her funeral came first and then her electric bill. 

sorry for your loss.
 The funeral bill comes first, but I think that if there was any money left over after that, it properly should have be divided among all those who the estate owed money to in proportion - so the electricity company, DWP etc should have all received some if not all of the money owed.

 If there is no money left now you should tell DWP and any others that that is the case - debts are not inherited and you should not have to pay them out of your own pocket.

HillStreetBlues

I agree with p00hsticks secured creditors come first (if any)  then funeral, them unsecured creditors. You shouldn't have paid the electric bill.  If monies were left over from funeral  then everyone gets a part payment.
Hopefully it won't be an issue, you wil have to write to any creditors informing there is no money in the estate. The DWP normally send one letter requesting payment, but that's it/

Baldytyke88

Being an executor doesn't mean you'll be held personally liable for any debts of the estate. However, there are some exceptions and taking on the responsibility does come with some risks.

It does seem like you might need advice, paying the funeral should come last, but that should be just a basic funeral.

It sounds like you were managing her money, as Rubyroobs stated, there should have been a financial assesment by the local authority.

NedS

Not sure if it applies here, but sometimes care companies will send a copy of care bills for information, even when the Local Authority are liable for the care costs.

clairesomp

Hello Everyone,

Sorry for the delay due to funeral and ashes scattering etc, mum did have a care assessment done by the local authority and social worker, mum had no savings, cars, properties or shares so they assessed her to pay around 35.00 a week for 7 day care. 

I have seen you can download a letter stating she has no estate, was’nt sure whether to send a photocopy of bank statement. I was going to on a good will status say I would pay so much a month out of my wages but I have been advised not too. 

Thank you everyone for your advice