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Died on the day of CHC assessment

My partner died on the day of his chc assessment.

Before that we struggled very hard to get a checklist done before he was moved to a care home (which he didn't consent to which is another story). They refused but after 2-3 weeks of being in the care home he got a checklist and scored very high (several As).

He was then booked an assessment for 2-3 weeks time which we complained that he wouldnt make it for. Basically there were a lot of arguments with the social services over what was his proper care as he was undiagnosed and they did not think he was dying.

Anyway he died on assessment day and it was the most traumatic thing having to cancel that appointment.

The care home are charging for the entire stay including the time he was in hospital.

Postmortem he was found to have cancer.

He has no money in the estate, so should I apply for chc retrospectively to prove eligibility? It seems like it will be another battle I don't think I can deal with again, but I have to do something, and I dont think the charge is valid.

Comments

  • HillStreetBlues
    HillStreetBlues Posts: 6,646 Forumite
    1,000 Posts Fourth Anniversary Homepage Hero Photogenic
    edited 26 April at 12:31PM

    Sorry for your loss must be a hard time dealing with everything.
    If there is no money in the estate to pay for it, just tell the care home that the estate is insolvent.

    EDIT, but if the money would mean the estate is solvent then it's worth chasing.

    Let's Be Careful Out There
  • middlewife
    middlewife Posts: 210 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker

    You will have to go through the same lengthy process we are with my late mother. You apply to the integrated care board for the area she was resident in using " previously unassessed periods of care" or "pupoc" for short. Submit probate once granted. We've been waiting over 2 years. They prioritise the living over the dead, told that by our MP. Have exhausted the complaints process, so we are now going through ombudsman but little chance that will work. Government guidance states payment should be made within a year.

    I asked the GP and care home to assess her 3 weeks before she died and they basically dragged their feet and lied about whose fault it was that it wasn't done. I'm sorry for your loss, but there is very little you can do to get the money fast. They will just plead staff shortages and the average payback is 3 years. There are companies you can pay, but they aren't any quicker and it's reasonably easy to do yourself. Tell the care home to keep all records, make sure you have copies of the receipts, will and any medical consultations. Good luck.

  • Keep_pedalling
    Keep_pedalling Posts: 22,773 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Was any sort of financial assessment made prior to to or after going into care? if he had no assets he should not have been self funding even without CHC.

  • Muse79
    Muse79 Posts: 4 Newbie
    Second Anniversary Name Dropper First Post

    There was no financial assessment we pushed for chc assessment first. He had assets but jointly owed.

  • Muse79
    Muse79 Posts: 4 Newbie
    Second Anniversary Name Dropper First Post

    *owned - I can't edit yet it seems.

  • middlewife
    middlewife Posts: 210 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker

    So what happened was presumably, you asked for an assessment for funding for healthcare needs, which at that point, someone in the hospital refused to do because they didn't think your husband would meet the criteria and, at that point, they didn't think he was approaching the end of his life.

    He then was transferred to a care home, presumably because the local authority would not fund overnight care at home? It's cheaper for them to use a care home than pay for 1:1 care at home 24/7, not saying this is right, but it's how they approach it.

    Because there were assets, the local authority wouldn't do a financial needs assessment for care and by the time someone woke up to the fact your poor husband was dying, and might be eligible for end of life funding, they ran out of time, sorry if this is upsetting you, just trying to get a clear picture.

    I'm assuming you paid the care home, but I'm a bit confused about timings,

    He was initially in hospital, then transferred to a care home, after 2 weeks there it became clear that he was approaching end of life so someone initiated the CHC funding, which should have gone down the fast track route but didn't. He then deteriorated further and was admitted to hospital. It is standard practice for care homes to charge a retainer fee for rooms whilst someone is in hospital, however unfair this is, they are commercial enterprises apart from the few that are run by charitable trusts, again not defending it, but it's a similar principle to day nurseries charging parents when they take a child out for a holiday or the child is sick.

    Most care homes charge a month's deposit plus first month's fees in advance and require proof of finance for 1 to 2 years, so assume you paid from savings?

    It depends how strongly you feel. I filled in mum's paperwork the day after she died in floods of tears, but I was and still am angry and will pursue this on her behalf however long it takes. She scrimped and saved all her life, wasn't extravagant and in my view, the state that she paid taxes to all her life, owes her. I will probably donate the money to her favourite charity, it's not the money, it's the principle, suspect you feel the same.....

  • KxMx
    KxMx Posts: 11,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    I have a friend who was telephoned by CHC very soon after their parent died, to see if she wanted to carry on with the outstanding appeal!

  • Muse79
    Muse79 Posts: 4 Newbie
    Second Anniversary Name Dropper First Post

    Just to fill out what happened it was all very confusing. He was said to have a life limiting condition - they did not know it was cancer and he was still undergoing investigations. We thought he was dying at this point and his wish was to be at home. Social worker pressured us to accept care home as an interim step between hospital and home as they did not have time arrange a home discharge and the hosptial needed the bed. We didn't agree to this, it was decided for us.

    We asked for a chc assessment first if they were going to insist on care home without us having a choice. They refused saying he needed to be out of hospital before checklist was done. Checklist scored very high (it was off the scoring in some sections). We got the chc assessment but it was scheduled a few weeks into the future and we knew he wouldn't make it. The care home sent contracts after he was admitted and I again said no to the contract and our reasons why and why to discharge home. He ended up back in hospital where he died.

    So the bill was sent after death. He has nothing to pay it with. Since he had assessment surely he would have been found eligible.

  • middlewife
    middlewife Posts: 210 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited Today at 4:32PM

    I would make an appointment with citizens advice, they can advise whether you might need legal advice. Age UK also have an advice line. You could also make an appointment with your MP, I wouldn't pay anything at this stage, as recovering payment via pupoc would leave you in debt for a very long time. Trying to think who can fight your corner, some solicitors offer a free advice appointment for an hour, I'd be tempted to name and shame the care home if you have a local paper.…

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