1. Lois1

    Lois1 Registered User

    Jan 18, 2016
    1
    South West London
    HI - Im new to this site - very relieved to come across it and be able to chat to others.
    I've recently had a very poor experience of a home my Mother was in - I say was as I found a better one and moved her as quickly as possible.
    Last week an invoice and a contract my Mother had signed was posted to me. Now my Mother does not have capacity to understand she needs to pay for her care and especially not to understand she is signing a contract that includes 12 clauses.
    The care home did not mention to me they were going to ask my Mum to sign anything and there is no independent witness that has signed the contract to be able to state if my Mum had any capacity at the time this was done. My Mum has not had capacity for a long time when it comes to more complex issues and decision making.
    Has anyone had this kind of experience? and if so any advice on how to deal with it?
    I am speaking with a Solicitor tomorrow, I have reported to the CQC and to the Adult Safeguarding Board. However, no-one seems to deal with individual issues unless it is an immediate safeguarding issue. This type of practice is very concerning.
    Thank you for reading!
     
  2. fizzie

    fizzie Registered User

    Jul 20, 2011
    2,739
    I think it is fairly straightforward that as your Mum has no capacity the contract is not legally binding but the solicitor will give you this information I am not quite clear but I think you mean this is the first home where you were not happy with the care. If that is the case I would be disinclined to pay for the poor care anyway but your solicitor will advise on this

    Once you have the advice of the solicitor I would put it in writing to the manager with your other concerns and request a response. That way it will be there for all to see - CQC do inspect correspondence when they visit and I would hope that the care home would never do this again.

    When you say they only deal with safeguarding issues the CQC only respond immediately to safeguarding issues as do adult services but they do investigate any complaints that do not require immediate action at the next inspection. Adult services should investigate any complaints too but they will only do so if it is in writing unless it is an immediate issue - any complaint has to be responded to if it is in writing so it is worth doing.

    I am amazed, I have never known a situation where the home asks the person with dementia to sign documentation - that is poor practice. I would also spread the word at your local carers cafe - a great source of information and well worth feeding info back in as it spreads like wildfire locally and there is nothing like local pressure to putting an end to poor practice.

    please do let us know how you get on at the solicitors tomorrow I would be very interested
     
  3. Pete R

    Pete R Registered User

    Jul 26, 2014
    2,046
    Staffs
    Hi Helen and welcome,

    From what you have said it does seem like poor practice on behalf of the home however there are so many unanswered questions which I am sure you will be asked tomorrow along with a load more.

    Does your Mother have to fund the care herself or are the Local Authority involved?

    Has anyone, Social Services/Doctor, formally confirmed your Mother lacks capacity or has demntia?

    If your Mother does not have capacity does anyone have Power of Attorney?

    If your Mother does not have capacity then who placed her in the home and who made the agreement even if it was verbal?

    How long has your Mother been in the home and if this was not the first invoice who has been paying? If the bills have been paid in the past is this invoice just for not giving the correct length of notice?

    Since the CQC do not want to get involved what exactly were your concerns with the home, did you speak to the manager about them and give them time to correct it?

    Hope that is enough to go on with for now?

    :)
     

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