Care Home terms & conditions

[Reluctantcarer]

After 3 weeks in hospital Mum has moved into a residential care home on the recommendation of nhs assessment. While initially mum will be self funding she will quickly reach the upper threshold & LA funding will be necessary. Thankfully The home does accept the LA rates.
We do not have Lasting Power of Attorney & I think we have missed the boat in getting someone to certify she has capacity. At the memory clinic in February the doctor wrote she had capacity but since then she has deteriorated. Her GP has not replied to my request & I don’t know anyone else to ask. She has lucid times when I know she understands albeit short term memory can be an issue.
The care home’s terms & conditions state that as a nominated representative ‘if I do not have legal authority,I am personally liable for all payments under this agreement ‘. Obviously I won’t agree to that.
I estimate that mum will reach the upper threshold in two months so I will ask the LA to carry out a financial assessment now.
My concern is that without POA how can anyone access her money? Mum could perhaps sign a cheque for current fees & possibly a direct debit but when the LA step in my understanding is they take her personal & state pension & her attendance allowance.
Is my only option to apply to be a deputy? Is it as difficult as people say?
Any help much appreciated as always.

 

[nitram]

She has lucid times when I know she understands albeit short term memory can be an issue.

Is there any chance that when she has lucidity a 'knowledge based', as opposed to 'skills based' certificate provider could be present with an LPA printed out and ready to sign?

 

[silversea2020]

No one can access money without a POA or Deputy in place. I think you will have to go the Deputy route here - yes the forms are many and much information needed but it’s not impossible - your mum others on TP have good experience of this - your mum will need to be asseesed as not having mental capacity - it will cost and takes several months.

I had to sign a similar disclaimer at my late mums Care Home which I think is pretty standard - they’re a business at the end of the day and don’t want to be out of pocket but I don’t think you can be forced to sign so I think in your position i wouldn’t, especially if the LA are going to be funding your mums care. Let us know how you get on

 

[Jessbow]

I had one of Mums long standing friends sign , she'd known Mum years and agreed it was time, talked to mum about it in terms that Mum understood.

 

[jugglingmum]

I had one of Mums long standing friends sign , she'd known Mum years and agreed it was time, talked to mum about it in terms that Mum understood.

This is what nitram meant when he said knowledge based.

 

[Reluctantcarer]

Thank you all for your responses. At 90 most of mum’s friends have predeceased her unfortunately or they live far away & only keep in touch by post. I will go back over the guests at her 90th birthday party to see if I’ve overlooked anyone. I honestly believe mum understands & agrees with us having LPGA’s otherwise I would not go down that route. It’s just getting someone suitable to certify the application. I’m also aware it is a big thing to ask so haven’t wanted to ask our neighbours.

 

[silversea2020]

1 of your mums neighbours may be a good option especially if they’ve known her a good few years & may be more than willing etc - you could always take neighbour with you when you visit mom - alternatively, you could arrange a solicitor to visit your mom in the home - my mom did her LPA with a Solicitors home visit before she went into the care home - it was expensive (£700) but I went halves with mom - it gave me peace of mind and meant I could sort things as necessary - it was money well spent in my eyes - it meant I could sell the house eventually as she was never going back home

 

[Sirena]

I hope you find someone who can certify capacity for the LPA, that would be the quicker and easier route. Failing that you will need to get deputyship.

I wonder if becoming a DWP appointee would help at all in this case? I think it's a relatively easy process so here is the info in case it helps.

https://www.gov.uk/become-appointee-for-someone-claiming-benefits

It sounds as if the LA will be paying the care home in a few months' time? Just to let you know that at that point she will no longer receive Attendance Allowance. When resident in a CH, you only receive it when you are self funding. I don't know if the DWP will automatically realise it needs to cease, but it's probably best to inform them to be sure.

 

[Reluctantcarer]

I hope you find someone who can certify capacity for the LPA, that would be the quicker and easier route. Failing that you will need to get deputyship.

I wonder if becoming a DWP appointee would help at all in this case? I think it's a relatively easy process so here is the info in case it helps.

https://www.gov.uk/become-appointee-for-someone-claiming-benefits

It sounds as if the LA will be paying the care home in a few months' time? Just to let you know that at that point she will no longer receive Attendance Allowance. When resident in a CH, you only receive it when you are self funding. I don't know if the DWP will automatically realise it needs to cease, but it's probably best to inform them to be sure.

Thank you. I will add that to my list! I have the LA financial assessment form to fill out. The hospital bed & reclining chair need to be collected. Dentist appointment & follow up heart appointment to arrange. New shoes as mum’s feet are so swollen. More name tags to iron on.
But this is all so much easier now I know she is being monitored 24 hours. I no longer wake with dread in case I find her on the floor. The carers are getting her to walk again & she isn’t spending all day in bed refusing to get up.
Navigating the bureaucracy is a small price to pay. She likes the home, loves the carers & is getting stronger every day. I know that at 90 the path inevitably leads downwards but she is safe & happy & in a place that can help us on the journey. I count our blessings