Back payments

topdog_2

Hi. Hope someone can answer my question.

My father passed away 14 months ago while in a care home. We have now been asked for fees that were underpaid while he was there. we owe about £1500. My father left £10000 inheritance. Do we have to pay these fees or did the debt go with him.

thanks in advance.

dmg24

Sorry to hear about your father topdog x

As your father had an estate, the fees will need to come out of the £10000.

LittleVoice

As he was actually in the care home when he died and it appears to be only now that you are being asked to pay what was under-paid, do check that he had not paid. Look at what they claim should have been paid and what was actually paid (from bank statements or whatever). They really should have contacted you before now.

If due, the £1500 would be taken off the residual amount in his Will - but could affect other bequests if that were not sufficient.

paisley_lass

with my gran just passing away at end of november i know that money she had must not be divided up as according to her will for 6 months as this gives all debts to be called in and bills,expenses etc paid....with it being 14 months and the care home knowing your father passed away i think they should have been in touch way before now...personally i would get legal advice about this matter.

monkeyspanner

topdog wrote: »

Hi. Hope someone can answer my question.

My father passed away 14 months ago while in a care home. We have now been asked for fees that were underpaid while he was there. we owe about £1500. My father left £10000 inheritance. Do we have to pay these fees or did the debt go with him.

thanks in advance.

The debt should have been taken into account when the estate was distrbuted as the care home was presumeably aware of his death this seems a bit odd. I am not sure what the position regarding outstanding debts is once the estate has been probated it could be that the care home has lost its chance to recover the debt as long as you can prove they were aware. You would need to take legal advice on this.

It does seem a long time has passed between your Dad's death and the care home looking for money owed. Have they given a detailed and traceable breakdown of the money owed? Has the £10,000 been distributed to heirs?

As your Dad only left £10,000 wasn't the council social services department managing the cost of his care as they should have been if his savings were less than £21,500(may have been a slightly different savings limit at the time) and his net income was less than the weekly cost of the care home.

The calculation for council assistance should have taken the cost of the care home less your Dad's net weekly income after taking out a weekly 'pocket money' allowance of £20.45. Any balance should have been paid by the council up to their standard payment level which would have been based on his care needs at one of 4 levels. Any difference between the standard assistance level and the actual care home fee would have had to have been topped up by the family.

If he wasn't claiming this assistance I am not sure whather there would be any mileage in persuing the council for back payments.