Ethical dilemma - am I liable for care home clerical error

[Contadina]

I've always been careful to transfer payments from my mother's account as soon as an invoice arrives from her care home. Sadly she recently died and her accounts have been closed, but I've just received a threatening email from the care home accounts department chasing a monthly bill that they never sent me.

To give a little background, the fees recently increased and I did receive an email from them requesting a missing payment for the new amount, as I had just paid for an invoice for the amount they stated and checked that it had been received I assumed that everything was fine.

It's only now when searching through all my correspondence with the care home have I discovered that they neglected to send a bill for one month. They sent them for every other month, which I paid as soon as they arrived.

It may seem unethical, but I'm pretty disgusted to receive a veiled legal threat for a problem that was caused by their mistake before my mother has even been laid to rest.

What would others do in my shoes?

 

[Grannie G]

I`d tell the home your mother`s account has been closed and they will have to wait @Contadina . I`d also suggest you phone the helpline. I`m almost sure you cannot be held responsible for your mother`s debt, if there is one.

National Dementia Helpline
0300 222 11 22
Helpline opening hours:
Monday to Wednesday 9am – 8pm
Thursday and Friday 9am – 5pm
Saturday and Sunday 10am – 4pm

 

[jenniferpa]

I agree about phoning the helpline but disagree about the debt, assuming you will paying it from your mother's estate. You can't be held responsible for your mother's debt but her estate can and will be.

 

[Jessbow]

I agree, you are not responsible for her debt, but her estate is, and her executor is liable to settle those debts.

Surely you knew they hadn't invoiced for that month .

 

[canary]

Pass the letter on to the executor (assuming that not you). It should be paid from her estate

 

[Beate]

The invoice might have been sent but been lost in the post. Even if not, you knew there were monthly costs and should have kept track. Bills like these are best dealt with in a monthly direct debit, but if they are not you have to make sure bills aren't forgotten about. A monthly bill not arriving does not mean you don't have to pay. Yes, the timing is bad and yes they should have communicated better but I don't see an ethical dilemma here - outstanding fees have to be settled from her estate.

 

[Kevinl]

I've just read a care home contract and it states that "the fees are payable in advance on the first of every month, although the home may agree to change this date to suit your circumstances".
No where does it actually say the home have to invoice me at all for the care costs it then goes on to say other costs like hairdressing, chiropody, trips out etc will be invoiced for and must be paid within 28 days so if I didn't get a bill for care it wouldn't mean I don't have to pay.
K

 

[Contadina]

Thanks everyone. This tallies with my thoughts on the matter. I was actually asking for my sister who always paid the bills as soon as they were invoiced via email. She has only just discovered that they neglected to send one, and as they never sent it she didn't go through her normal process of getting mum's bank to pay it.

 

[Raggedrobin]

As beate said, you can't assume/blame the care home when it is quite possible they sent the bill but it was lost in the post, it may not be their error. On the matter of payments, agree with the others, it has to be paid. I also agree for others, direct debit is a much easier way to deal with the billing. Too late in this case, alas.

normaleila, I find getting invoice for sundries like getting blood out of a stone from the care home. They are supposed to send me a monthly email but rarely do. I pay by direct debit, separately, for this, but if I actually want to know what the money has been spent on I find it easier to go into the care home, where they detail it in a book. Not possible if you don't live locally, though.

 

[cobden 28]

Thanks everyone. This tallies with my thoughts on the matter. I was actually asking for my sister who always paid the bills as soon as they were invoiced via email. She has only just discovered that they neglected to send one, and as they never sent it she didn't go through her normal process of getting mum's bank to pay it.

Surely if the bill wasn't sent, whether by post or by e-mail, it's the care home that's at fault? Have you checked with the care home for information on when and how the missing bill is supposed to have been sent? Once you sort this out then the matter can be dealt with by the executors of the estate I would think.

 

[Beate]

These are contracted monthly set fees so no, the care home is not at fault for not sending an invoice, as much as my Landlord is not at fault for not sending me monthly bills - I know the amount to pay with or without one.