Local Authority care bill after Mum has died - advice

JoJeffers

Registered User
Oct 20, 2010
29
0
Madrid Spain
Hello

Sadly my Mum passed away in June. A month prior she was admitted to a Local Authority Assessment Unit in a residential home. They thought the Alzheimer´s was simply getting worse. Turns out she had advanced Cancer and by the time she was admitted to Hospital it was too late, she died a week and a half later.

I have receieved an email from the LA for a bill of almost 1000 pounds for the "care" she received.

Firstly, I was at no point informed of any charges. She was financially assessed by the LA in February and deemed to be exempt from having to pay for Carers.

Secondly, and more importantly for me, the residential home was not the right place for my Mum...she should have been admitted to hospital a lot sooner...at least that way she would have been looked after properly.

It complicates matters that I live abroad and I think this probably influenced what happened.

I don´t know what to do...I can´t find out my legal position. I have contacted two Solicitors today and they didn´t want to know. I certainly don´t feel strong enough to go down a medical negligence route (there are other issues) BUT on principal I don´t want to use my Mum´s estate to pay this bill. She shouldn´t have spent her last days like she did. :(

Does anybody have any advice? Will I just have to accept what happened and pay?

Thanks
 

Pickles53

Registered User
Feb 25, 2014
2,474
0
Radcliffe on Trent
I am by no means an expert but I would certainly not pay up without asking for a full explanation of how the amount has been arrived at. There could be a difference between the financial assessment when a person is still at home as I think for home carers the value of the person's home is disregarded.

Once you have a full explanation of the figures you can then check it both against the regulations (our old friend CRAG again) and more easily by posting what the LA says here so that the really knowledgeable TPers can advise you.
 

Cornishman

Registered User
May 27, 2013
384
0
As with Pickles, I'm no expert, but my initial thoughts are that perhaps there is a case to say an end of life care package should have been in place. In turn, that would have prompted a fast track assessment which would probably (but not definitely) determine CHC eligibility, meaning the NHS is wholly responsible for care, wherever the setting, and all associated costs.

To do all that retrospectively might not be straightforward, not least because one cannot accurately assess someone who has passed away, and there is a case for the LA to say they were not aware of the diagnosis, but that doesn't mean that the NHS should not accept responsibility in retrospect. Just because events did not follow the pattern that, with hindsight, should have been followed, does not absolve the NHS for that responsibility, in my opinion. The cause of death on the certificate might help evidence this position.

If it were me, I think I might politely reply to the LA to say that they should redirect the invoice to the local NHS CCG as the circumstances, as they are now known, indicate the NHS should have been responsible for care, acknowledging this situation has only emerged at a very late stage.

Hope this helps, and I stress, just my thoughts.

Best wishes
 

JoJeffers

Registered User
Oct 20, 2010
29
0
Madrid Spain
Many thanks to you both for taking the time to post your good advice.

I haven´t responded thus far to the email they sent, it´s actually two now.

I really wanted to know my position first, but definitely a breakdown of their charges will be a good start.

Best regards
Joanne
 

retiredcopper

Registered User
May 17, 2011
187
0
Yorkshire
Firstly, I'm sorry for your loss & the added strain this situation is causing you.

I agree with Pickles regarding the assessment for home care - when someone has care in the home the LA only take into account the person's income & savings, the house is disregarded - so I'm assuming that your mum didn't have enough income & savings to pay towards her home care. Once someone goes into a care home however, savings, income & house ownership are all taken into consideration. As far as I am aware, the LA, at this point, should have carried out another financial assessment &, if your mum had below the threshold in savings in order to be self funding, the LA would expect her house to be sold to provide funds for self funding. This brings up many questions -

1) who did they speak to to do the financial assessment(s) - another relative? If so, did that relative have POA to deal with your mum's financial affairs in order to allow them to sell your mum's home & agree to anything the LA said? Did anyone sign any paperwork from the care home or the LA, agreeing to pay anything towards your mum's care?
2) do you have POA & you were not kept informed by the LA at the time of your mum's care arrangements? Since her death, who is the executor of her estate or, if she died intestate, are you a beneficiary?
3) get a breakdown of the bill they have sent you. If your mum's savings were under the threshold so she couldn't self fund, and the LA would have to wait until her home was sold, they should have applied the Twelve Week Property Disregard which means they will pay the care fees for the first 12 weeks whilst the property is being sold & this money does not have to be paid back to the LA except for the person's contribution towards it (their pension(s) less a weekly amount for spending money). Therefore what period does the £1000 bill cover? If it's about 2.5 weeks (a month prior to death less the 1.5 weeks in hospital?) £1000 does not appear to be the full cost (average fee of £900 pw x 2.5 weeks = £2250). This may mean that the LA have applied the 12 week disregard & the £1000 is your mum's contribution from her income??

Of course, all this is assuming that your mum's house should have been sold to pay her fees. It could have been disregarded for several reasons anyway - I have added two websites that should help explain everything. I also agree with Cornishman that the question of CHC eligibility also should be asked. If your mum had been diagnosed with cancer at the time she was admitted to the care home, and they decided a care home was still the best place for her, and her cancer was deemed to have progressed to 'end of life care', an emergency CHC assessment should have taken place & she should have been deemed eligible for the NHS to pay for all her care (this happened in my mum's case, two weeks before she died).

So I advise that you get the breakdown of the bill and then write back to the LA & say you weren't informed of any charges at the time & query the disregard (if it wasn't applied) and CHC eligibility.

http://www.ageuk.org.uk/home-and-care/care-homes/paying-for-permanent-residential-care/

http://www.firststopcareadvice.org.uk/downloads/kbase/3091.pdf

Good luck,

Angie
 
Last edited:

carastro

Registered User
May 7, 2012
115
0
I am racking my brains over something some-one told me once about every-one being entitled to a "free period" when they first enter a home, but that the LA often don't make this well known.

Maybe it's this paragraph above:
Twelve Week Property Disregard which means they will pay the care fees for the first 12 weeks whilst the property is being sold & this money does not have to be paid back to the LA except for the person's contribution towards it

Carastro
 

retiredcopper

Registered User
May 17, 2011
187
0
Yorkshire
Yes you are correct Carastro - it's the 12 week disregard. However, not everyone is eligible. You can only get it if there is a property to be sold & the person's savings are below the threshold. My MIL's home had to be sold but she had £25,000 in savings so could afford to be self funding whilst waiting for the sale to go through.
 

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