3rd party damage

Discussion in 'Legal and financial issues' started by Sdob, Oct 19, 2015.

  1. Sdob

    Sdob Registered User

    Oct 19, 2015
    3
    I'm looking for some advice.
    My dad passed away last week after suffering from dementia. When he went in to the home I bought him a new TV for £300. This TV was damaged beyond repair by another resident and after a while was replaced by the care home. A few month ago this TV was damaged beyond repair also by another resident and after weeks of hassling the care home it was replaced.

    Today I went to collect my dad's belongings and asked about the TV. I was shocked to be told by a member of staff that the replacement TV was Voight on the understanding it remained the property of the care home.

    Surely this can't be right? I'm going back to the home tomorrow morning but guess I'll be told the same thing.

    I was wondering if anybody can share their experience of this or a similar situation and what the outcome was.

    Also after going through my dad's things I've found his electric shaver to be missing, which was only bought for him at Christmas.

    Thanks very much in advance of any info.
     
  2. jaymor

    jaymor Volunteer Moderator

    Jul 14, 2006
    12,562
    Female
    England
    #2 jaymor, Oct 19, 2015
    Last edited: Oct 19, 2015
    I think it may well be down to who was responsible for insuring personal possessions.


    Welcome to Talking Point and condolences on the loss of your Father.

    Not sure of the legalities but my thoughts are :-

    As the televisions had been damaged by another resident the care home may well have replaced the TVs as a good will gesture. I am sure they would not be personally responsible.

    When you speak to them tomorrow ask about insurance cover. I am surprised this was not discussed when your Father first went into the care home.

    As the original tv was purchased by you would it be covered by your household insurance?

    Unfortunately small items dissappear regularly in care homes. Residents pick up and put down, it is the nature of the disease. The shaver will probably turn up at sometime.
     
  3. fizzie

    fizzie Registered User

    Jul 20, 2011
    2,731
    Similar happened to a friend of mine recently - her dad is in a care home and the tv was badly damaged by another resident and my friend said that they were told it is the responsibility of the care home - the possessions are or should be insured by the care home as they would in the person's own home. Claiming for an item doesn't change the ownership surely? I'm not a legal person so can only repeat what I have been told

    TV was Voight on the understanding it remained the property of the care home.

    on whose understanding -clearly not yours!

    hopefully someone legal will respond but as the jaymor says I would ask to see their insurance cover policy! It is a big item
     
  4. 1mindy

    1mindy Registered User

    Jul 21, 2015
    539
    Female
    Shropshire
    When did your dad go into the home ? I doubt the tv has much value now. Maybe someone who needs a TV but doesn't have the means will enjoy it. I really don't think there is a principle here, before someone says it. Why not let it go , as a nice thing to do. It will also take away your stress over the situation.
     
  5. Sdob

    Sdob Registered User

    Oct 19, 2015
    3
    Thanks for taking the time to reply, I very much appreciate it.

    I'm going down the line of expecting it to be covered by the care home's insurance policy and take it from there.

    Although my dad went in to the home 5 years ago the 2nd replacement was bought just a couple of months ago. I'd rather a member of my family had the use of the TV which is another reason why I'm keen to get it back.

    Thanks again guys and maybe others will be willing to share their experiences too.
     
  6. cragmaid

    cragmaid Registered User

    Oct 18, 2010
    7,942
    North East England
    In my late Mum's CH all furnishings, fitments, carpets etc, which were provided by the Ch were covered by their insurance policy. All extra's like her personal TV, radio, clothing etc were considered our responsibility.
    If Mum's TV had been damaged by a resident, then the home would firstly approach the family of the resident and seek repair or replacement. If that was not forthcoming, then it would have been the home who would have provided the repalcement and it would have belonged to them. If we had wanted the set to remain our property, then we would have replaced it. If Mum, or another resident had damaged the TV in the day room, then that would have been the responsibility of the CH.
    I think that you need to read the contract carefully and see what it says regarding insurance of possessions.
    Books, radios, shavers etc, all have a finite lifespan and all are easily misplaced. Sadly most of them dissapear without trace.
     
  7. marionq

    marionq Registered User

    Apr 24, 2013
    5,908
    Female
    Scotland
    I would also suggest that if he had five years use of the TV whether the one you bought or the replacement then that was a reasonable time. A shaver is not much use to you and will be in someone else's drawer by now. Let it go - there are bigger things to worry about than second hand stuff.
     
  8. Sdob

    Sdob Registered User

    Oct 19, 2015
    3
    Having had a bit more time to think about things and visiting the care home again I'm more relaxed about the TV. The contract states that they aren't responsible for possessions so that's their get out clause.

    There are other more personal things that weren't there to collect which the staff claim not to have seen. I asked to see a list of the possessions he was admitted with, which has to be retrieved from their archive, to see if they have a record of them.
     
  9. Raggedrobin

    Raggedrobin Registered User

    Jan 20, 2014
    1,427
    Sdob, I am so sorry about your Dad's passing. I think sometimes a general sense of loss can be transferred from grief onto worry about loss of smalk things. I know because I got upset about some small things that got lost when my Dad died. I realise now it wasn't really about the objects, it was just a misplaced sense or grief.

    In a dementia home small things do go missing and so the shaver may well have been picked up by another resident. i have been looking for my Mum's glasses for weeks now and they seem to have gone into a black hole, everyone looks for them, no one can find them. Losing stuff and taking stuff is all part of dementia, isn't it? When Mum's time comes, I won't even look at the list if stuff she went in with, I know there will be quite a few missing items or items even the staff have misplaced.

    As to the TV, I agree with some other posters, if your Dad had 5 years with a TV, that is not a bad innings at all for a TV.

    I would suggest, every time these things bother you, try to remind yourself that what you are feeling is simply loss, nothing that anyone can do anything about, nothing anyone can be blamed for. But in time, those waves of grief will die down to a gentler pace of loss. I wish you well to cope in this sad time.
     

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