Wonder if anyone can help here? My father has just moved into a nursing home. My brother holds power of attorney for him. The care home contract has just been sent to my brother and it seems to include a section whereby my brother will be a guarantor. Surely he doesn't have to sign this? I have told my brother to amend the contract so it states " up to a limit of £.....). When the savings run out I guess the council will pick up the bill without further call upon my brother. Has anyone come across this and is this normal?
Care home
- Thread starter carol4444
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Thanks so much Nitram. Guess we'll have to try just crossing that para out and see if they will accept. We're only a few months' away from needing council assistance and the social worker is already aware of this. The social worker came up with this care home as it is on their approved list.
Really appreciate the advice Nitram, Will proceed on this basis. Tried googling and came up with unfair contract terms but it seems only considered as unfair if the contract is unclear or ambiguous. What's the worst that can happen - they can send him home and the NHS will have to put up with weekly or daily 999 calls. I'll let you know how it unravels.
"Some helpful person will put the link to the recent thread."
Is >>>this<<< the thread.
Remember that Google is your friend!!
Is >>>this<<< the thread.
Remember that Google is your friend!!
Appreciated Nitram. I googled ' guarantee for care home fees' and google came up with unfair contracts, in particular the gov guidelines giving advice. I may just call in to the Alzheimers office as it is only five minutes from the care home to see what they think. If it is a standard contract I presume most people sign without worrying, hopefully everything will go to plan and the council contract will supercede my father's contract in due course.
"...hopefully everything will go to plan and the council contract will supercede my father's contract in due course."
Don't sign.
If self funding is £x ,and the LA will only pay £y, your brother is likely to get a bill for £(x-y)
This could be large, even as much as half £x.
Don't sign.
If self funding is £x ,and the LA will only pay £y, your brother is likely to get a bill for £(x-y)
This could be large, even as much as half £x.
If you sign it they can enforce it in law. A contract is an agreement between 2 (in this case) parties so if you change anything in the contract they have to agree the change.
I refused to sign a contract and I know a few other who have but, that's where the LA are funding and they haven't asked us to leave yet, well not so far.
K
I refused to sign a contract and I know a few other who have but, that's where the LA are funding and they haven't asked us to leave yet, well not so far.
K
Guess they are keen to keep the fees coming in Kevin. I'm just thinking that it might be worth the discussions going for a few weeks. If we can keep it rolling for a few months (without upsetting them too much) then it will be time for the council to step in anyway. Can't see the CareHome throwing him out as they need the cash, if they do we can just put it in writing to social services that we have a vulnerable adult and see if they can help. We've waited so long before deciding on a care home, trying to keep him at home but once he was wheelchair bound it proved too difficult, Mum has mid/late stage Alzheimers so can't look after him.
If still self funding, no matter for how much longer, then sign a contract on behalf of the resident. As my dad's financial deputy I have always signed: xxxxx, acting by xxxxx. He's been in various C&N homes and although it's my responsibility to pay the fees, it wouldn't be if his money got down to the limit that would mean the LA were responsible.
I'm shocked that any care home company would try to get anyone to sign as a guarantor. Disgusting!
I'm shocked that any care home company would try to get anyone to sign as a guarantor. Disgusting!
Because my wife is funded under section 117 the LA have to pay the costs under section 117 of the Mental Health Act 1983 so I don't have to get involved with it, the LA have to pay and the home's contract is with them not me, hence I refused to sign.
Is it not possible, even though he's self funding for now to have the local Social Services do an assessment of him as a vulnerable adult and get them to take over now?
Although the SS don't like to get involved you can force their hand a bit as self funding or not they still have a duty of care to him then get them to broker the deal.
It is complicated for you as if it starts out self funding, then he hits the £23k limit and the LA become involved, then the £13k limit where the LA fund, plus the complications of where and when benefits are withdrawn it's all a bit of a minefield really.
As for "Can't see the CareHome throwing him out as they need the cash" any care home without a waiting list is probably in special measures from the CQC would be my experience, the better the home the longer the list and that's not going to get any better. From the link below;
"In the year 2015-2016, the number of nursing homes in England fell from 4,697 to 4,633 and the number of their beds reduced from 224,674 to 224,026, reversing the increase seen over the previous five years."
Simple supply and demand says that a decreasing supply and an increasing demand is the perfect situation to put your prices up and become pickier about who they take.
K
http://www.bbc.co.uk/news/health-37496349
Is it not possible, even though he's self funding for now to have the local Social Services do an assessment of him as a vulnerable adult and get them to take over now?
Although the SS don't like to get involved you can force their hand a bit as self funding or not they still have a duty of care to him then get them to broker the deal.
It is complicated for you as if it starts out self funding, then he hits the £23k limit and the LA become involved, then the £13k limit where the LA fund, plus the complications of where and when benefits are withdrawn it's all a bit of a minefield really.
As for "Can't see the CareHome throwing him out as they need the cash" any care home without a waiting list is probably in special measures from the CQC would be my experience, the better the home the longer the list and that's not going to get any better. From the link below;
"In the year 2015-2016, the number of nursing homes in England fell from 4,697 to 4,633 and the number of their beds reduced from 224,674 to 224,026, reversing the increase seen over the previous five years."
Simple supply and demand says that a decreasing supply and an increasing demand is the perfect situation to put your prices up and become pickier about who they take.
K
http://www.bbc.co.uk/news/health-37496349
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