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Legal, pensions and money

Concerned about Care Home trying to make us liable for Mums costs

(11 Posts)
Flapper Sat 11-Feb-23 19:23:29

Hi

I raised this question on Mumsnet, and as well as making some suggestions someone suggested I should raise it here too.

We had an unusual call from Mum's care home, saying that they were sending us a new contract to sign, and it was about "Mum's care" and money. They even checked the address, first time in a long time! :D

We are hearing that some homes are trying to make residents' families say they will be liable for the fees. Has anyone had this problem? Mum can pay her own way at present, but we cannot pay for her - we don't have the income. Legally if someone in care runs out of money, it is the local authority's responsibility to take over.

We know we are not legally liable, but they could nonetheless demand this. Has anyone any alternative suggestions that we can offer them if they are trying to make their own situation safer? As many businesses are in these times.

Thank you for any light you can shed.

Ailidh Sat 11-Feb-23 19:39:45

When my Mum moved into care a few years ago, at her choice and insistence, the Home sent me a contract to sign. I sent it back, saying my mother was fully able to sign her own contract. No more was said. She was local authority funded.

Smileless2012 Sat 11-Feb-23 19:47:57

Return it pointing out that the existing contract is with your mum and that wont be changing.

welbeck Sat 11-Feb-23 19:54:36

if your mother runs out of money, and the local authority agrees that she needs care, they will be responsible, but they may well move her to a cheaper care-home, or one where they have block purchasing, ie you, she, loses choice.

Casdon Sat 11-Feb-23 20:10:57

I’m guessing they want you to agree to pay top up fees. When. your mum’s funds run out, the Local Authority will only pay fees up to the level of their contract with a care home, which means that a lot of care homes which charge more than the LA contract level require top up fees to enable somebody to stay there. If your mum does not have the income to pay the top up fees, and you don’t agree to pay them, the LA will move your mum to a different home which only charges the contract level fees.

annsixty Sat 11-Feb-23 20:19:25

As I said on another thread recently you could try Age Uk for advice and their informative leaflets.
I have now realised I could have contested having to pay anything at all for the few months my H was in care as he had Alzheimer’s and a major stroke.
I am too tired to pursue it now at my age but would urge anyone else to fight.

Wyllow3 Sat 11-Feb-23 20:21:29

Casdon

I’m guessing they want you to agree to pay top up fees. When. your mum’s funds run out, the Local Authority will only pay fees up to the level of their contract with a care home, which means that a lot of care homes which charge more than the LA contract level require top up fees to enable somebody to stay there. If your mum does not have the income to pay the top up fees, and you don’t agree to pay them, the LA will move your mum to a different home which only charges the contract level fees.

This is likely to be the reason unless your mum is in a care home where the fees are only local authority level already.

This you do have to consider all in advance if you cant pay the top up fees. Find out what they are likely to be?

If you and your family as a whole cant pay the fees if the time comes and she is liable to be moved its as well to look around yourselves in advance. SSD has lists of homes that come within the LA fee boundaries.

Fleurpepper Sat 11-Feb-23 20:23:33

welbeck

if your mother runs out of money, and the local authority agrees that she needs care, they will be responsible, but they may well move her to a cheaper care-home, or one where they have block purchasing, ie you, she, loses choice.

Yes this is what happened with my MIL, who had Alzheimers. In the early stages, she was in a fabulous care home, my SIL had chosen with great care. We sold her flat and it paid for her care for quite a while, but when the money run out, it was made clear that she would have to move to a less luxurious care home.

annsixty Sat 11-Feb-23 20:24:18

I should say I paid most of his fees which took his state pension and half his works pension and was then asked for top up fees which was then about £200 every four weeks.
I did contest that and won that decision.

Grantanow Thu 23-Feb-23 17:25:05

There is no legal obligation to agree to pay for her or top up fees. Don't sign the contract. Send it back with a letter stating that she pays her own fees.

Luckygirl3 Thu 23-Feb-23 17:37:27

When your mother ceases to be able to meet the care home fees herself, then the LA does a financial assessment of the resident to see what the LA should pay and what the resident's contribution should be. If the total cost of the home is above the LA limit, then they will do one of 3 things: agree to pay (with your Mum contributing), move the resident to a home that is within the LA fee limit, or turn to family to ask if they are willing to pay a top-up fee.

There are lots of other factors that come into play: does your mother have mental capacity? Does she have a primary health need, which would put her into the realms of health authority funding? How low have her savings dwindled?

Try this link and use their helpline too: www.ageuk.org.uk/information-advice/