Rent on Council property when in a Care Home

grey_lady72

My dad had a brain abscess in May 2022 and spent over 1 year in ICU.  From this he lacked capacity and was not able to make any decisions and was not mobile.

He was then moved into a Nursing Care Home in June 2023 this would be full time. So he would never ever go back to his flat that he was renting and had not been In since May 2022.  It was a sheltered flat with his local council.  Because he lacked capacity the council would not let us his family end his tenancy with them even though he was moving to this care home and never ever going back to his flat so he was continuing to pay £214 per week from May 2022 to when he passed away in March 2024 for a flat that he had not been in all that time.

In February 2024  NHS funding decided that it was down to the local council Social Services to fund for Dads Nursing Care Home and SS decided in December 2024 to send us Dads family a Bill for contribution towards his care home.  Bearing in mind our Dad passed away in March 24 we were very surprised after 9 months to get a bill of over £2000, for contribution to his care home from Feb 24 to 19th March 24 when he passed away.  

We appealed the Financial Assessment decision as they were not taking into consideration that Dad was still paying £214 per week towards a flat within the same council that he had not been in Since May 22 and never was going to go back to.

We managed to get the appeal down from £344 weekly contributions to £126 per week contributions from the local council Social services.

In the appeal we what told in writing  "When someone resides in a Care Home on a permanent/long term basis, any rent liability they had for a property they resided in before they moved to a care home should end at the point of admission" 

My sister and I were in the process of Deputyship because Dad lacked capacity but it was still in the process with the courts when Dad passed away in March 2024.

1. So am I correct in thinking that when my Dad first moved into his Care Home in June 2023 from that date he should never have been paying weekly rent to the local council for rent on his flat?  He was never given a Social Worker to help us with anything.  The council just kept refusing us to give his flat up.
2. Can Social Services chase us 9 months after Dad passed away for a Bill they have just decided Dad should have been paying?

Any advice anyone can give us would be very much appreciated.

FlorayG

How can they chase you at all for your dad's bill? You're not responsible for his bills

p00hsticks

FlorayG said:

How can they chase you at all for your dad's bill? You're not responsible for his bills

They can't chase relatives or beneficiaries - but they can chase whoever is dealing with the father's estate if there was money in the estate at the time of death that could meet those bills...

FlorayG

Exactly. OP did your dad leave enough money to pay this bill? If he didn't then you can ignore it, it's his bill not yours

born_again

Did no one have power Of Attorney, which would have allowed then to act for your father?

marcia_

 Do not pay the bill, if your dad left enough money to pay it then settle the bill otherwise ignore it 

HillStreetBlues

born_again said:

Did no one have power Of Attorney, which would have allowed then to act for your father?

They were applying for Deputyship, wouldn't have been needed if POA

grey_lady72

No we never had Power Of Attorney.  It all happened suddenly.  When we eventually realised that Dad was never going to improve then we applied for Deputyship but that can take up to 40 weeks for it to get approve and approx £3k to do.
My Dad did have money to pay for his bills and when he past away we used the money to pay for his funeral and the Solicitor costs to pay for the Deputyship even though it never got to the point of approval, there was still a bill to be paid.  Then what was left got split between my sister and myself, back in April.  Now 9 months later we are getting a bill for Contributions towards his Care Home.
He was paying £214 a week towards a flat that he was never going back in as he was so poorly.  From May 2022-March 2024.  The Rent department would not let us give notice on his flat.  So for nearly 2 years they took his payment of £214 a week towards rent.  Is this correct?

Keep_pedalling

grey_lady72 said:

No we never had Power Of Attorney.  It all happened suddenly.  When we eventually realised that Dad was never going to improve then we applied for Deputyship but that can take up to 40 weeks for it to get approve and approx £3k to do.
My Dad did have money to pay for his bills and when he past away we used the money to pay for his funeral and the Solicitor costs to pay for the Deputyship even though it never got to the point of approval, there was still a bill to be paid.  Then what was left got split between my sister and myself, back in April.  Now 9 months later we are getting a bill for Contributions towards his Care Home.
He was paying £214 a week towards a flat that he was never going back in as he was so poorly.  From May 2022-March 2024.  The Rent department would not let us give notice on his flat.  So for nearly 2 years they took his payment of £214 a week towards rent.  Is this correct?

The order that money comes from an estate is as follows.

Secured debt
Funeral costs
Unsecured debt 
Beneficiaries.

In this case it seems that has not been followed, the administrator should not distribute anything to beneficiaries until they are sure that all creditors have been paid.

marcia_

 I would consider a formal complaint to the council regarding how he was treated while ill. Being charged rent for years when there was no hope he would ever return is ridiculous. I would also include your MP in all correspondence as this can get complaints looked at quicker and in your favour. 

grey_lady72

If anyone could give me advice on this part of my question. It would be greatly appreciated....

1. So am I correct in thinking that when my Dad first moved into his Care Home in June 2023 from that date he should never have been paying weekly rent to the local council for rent on his flat?  He was never given a Social Worker to help us with anything.  The council just kept refusing us to give his flat up.

Dad lacked capacity and we were still in the process of Deputyship.