My mother has been admitted to a care home due to her dementia. She is currently self funding. My brother and I have POA. I have been sent a contract to sign. I was happy with the terms until I got to the last page which states `In the event of non payment from the Service User (Mum) and in consideration of you admitting this service user into the home I (me) will be responsible for all payments outstanding under this Agreement.` Clearly this is makes me a guarantor. and I have been asked to sign the statement. I am of the view that this is an unfair contract provision and if so what action can I take. My mother has savings which will last about a year and then she will have to sell her house.
CONTRACT FOR CARE - POSSIBLE UNFAIR CONTRACT TERM?
- Thread starter ChrissieM
- Start date
It would appear to be a fair condition if you are informed in the contract
"Unfair terms could include those that:
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"Unfair terms could include those that:
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- require a guarantor without providing full and clear details,
upfront, of how they may be responsible if a resident can’t pay their fees"
Just don't sign it. You don't have to be a guarantor, I certainly didn't sign anything of the sort when my mother in law was in care . It's not unfair, the clause is there in full view . These guarantor contracts are not unusual with care home providers
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There was a similar clause on the back page of the contract with my dad's LA. The assessor who did dad's financial assessment told me not to sign it unless I wanted to be liable for his care fees. Needless to say I didn't. I threw the back page away.
Thanks for all your help with this. After seeking further advice, this provision in the contract could be classed as an unfair contract term as the agreement provides no explanation as to what being a guarantor involves, so to expect me to simply a statement is not on. I will be doing what Bunpoots suggested!
