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Stopped paying for care - consequences?

Discussion in 'Legal and financial issues' started by Plinney, Feb 27, 2015.

  1. Plinney

    Plinney Registered User

    Feb 6, 2014
    I applied for a financial assessment in November 2014, as my mum had reached the 23,250 threshold, and it has taken until now to get the council's attention during which time I've spent another 3 months worth of her money (10k) waiting for an appointment. That appointment is now cancelled due to a visitor quarantine because of sickness at the care home, and I can't get another appointment for several weeks.

    She has also recently been moved from dementia care to nursing care as she is in the advanced stages now.

    In desperation, and in an attempt to at least preserve enough money for her final expenses, I have cancelled the standing order to the care home this week, pending the financial assessment, but wondered what the consequences of cancelling the payment to the care home will be in the meantime? Has anyone else been in a similar situation?
  2. Beate

    Beate Registered User

    May 21, 2014
    I don't understand what a visitors quarantine at the care home has got to do with the financial assessment? Can't the social worker come to your house instead? Last and only time I had to do a financial assessment was for respite care and I didn't even see anyone - I filled in a form and sent it back via email.

    I am not sure simply cancelling the direct debit is a good idea. If no one pays the fees I guess they have the right to kick her out! I would get on to social services and say you have waited long enough, this is now an emergency as funds are running out, and to find another assessment solution ASAP.
  3. Plinney

    Plinney Registered User

    Feb 6, 2014
    Apparently they have to assess her at the care home.
  4. Saffie

    Saffie Registered User

    Mar 26, 2011
    Near Southampton
    #4 Saffie, Feb 27, 2015
    Last edited: Feb 27, 2015
    I can't think why. Is that not for the Care assessment?

    The LA financial assessor never even saw my husband, nor did she need to.
    He was in a nursing home at the time.
    She came to see me here in out home. We discussed my husband's financial details.
    She completed the form and made copies the past year's bank statements and saw all the other papers related to savings etc. and that was it, more or less.

    p.s. I would think it unwise to stop paying your mother's fees too.
    The fault lies with the LA, not with the home and the LA will no doubt pay back the money spent once things have been sorted.
  5. Beate

    Beate Registered User

    May 21, 2014
    Makes no sense to me too. For a purely financial assessment, a face to face assessment with the patient surely is not necessary. Please get back to them and ask for an explanation and another appointment ASAP.
  6. nitram

    nitram Registered User

    Apr 6, 2011
    North Manchester
    The financial assessment should not be done until her needs have been assessed, if the LA have not assessed her needs fairly recently this will have to be done to show that residential care is required.

    I don't think cancelling the DD is a good idea, you leave yourself open to breach of contract.
  7. realist1234

    realist1234 Registered User

    Oct 30, 2014
    I know you have enough on your plate already, but you should also be aware (if youre not already) that LAs will normally only pay up to a maximum charge for fees per week. Given you have spent £10k in 12 weeks, I assume the nursing home charges around £830/week. In Northern Ireland where I live, the LA only pays up to a max of £580/week incl the £100/week NHS nursing contribution (your mum's income from pensions and part of her savings would continue to contribute to this sum), so it may be you or another family member will have to pay the difference, possibly £250 per week!! (the resident is not allowed to pay this 'top-up' once her savings are below £23250 and therefore no longer self-funding). Sometimes the LA will not insist on moving a resident to a cheaper place that only charges their max fees in these circumstances, but I understand you would have to prove to them that moving her would have a serious effect on her well-being (which could very well be the case). You should also check with her nursing home if they charge less for LA funded residents which sometimes can be the case (they can charge self-funders more because there is then no max fees limit).
  8. Wirralson

    Wirralson Account Closed

    May 30, 2012
    1. As Nitram says, you are in breach of contract. The Care Home is entitled to revcover from the contracting party (presumably you as Deputy or PoA holder for your mother), plus costs plus interest ad judgment rate (significantly above commercial rate, and compunded). You may be in breach of your duties as Deuty or PoA holder.

    2. From £23350 down to £14450 (I think) the LA contribution is on a sliding scale, so you/your mother would still be obliged to pay something.


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