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Original poster

Eviction from care home - what will happen?

214 replies

54321nought · 11/08/2021 01:29

Any experiences or insights of knowledge about what is likely to happen?

The dispute is over who pays the fees, the resident has been given a date to leave by, which is this week. The resident will not be leaving on that date, but is expecting to leave around a week later.

I am assuming there will be no physical eviction, or will there be? Will it take time to get a court order, as in evicting a tenant? Or will it be possible to evict the resident on the day of the dead line they have been given?

What form will the eviction take? Bailiffs etc? ( resident cannot walk)

And if not evicted on the day of the deadline, what will happen after that, between the deadline day and the day they actually leave?

They are dependent on staff for care, dressing etc, and taking to the toilet, and of course for being given food.

Will this continue? Or will they be left?

I am assuming care will continue while the individual is in the home, but I am not sure.

Anyone with any knowledge of these situations? It is a Bupa home, if that makes any difference.

OP posts:
Bellringer · 11/08/2021 08:18

And don't be too interested, either he has capacity and lives with consequences, or assessed as needing help and have it imposed. Not your responsibility

Beamur · 11/08/2021 08:19

Your friend/relative may have capacity but it sounds as if they are in denial about the situation and perhaps were before the stroke too. Consider that you probably don't have all the right facts here either maybe? I cannot imagine that the care home don't have a formal procedure or policy on this.

Original poster
54321nought · 11/08/2021 08:20

@Beamur

Your friend/relative may have capacity but it sounds as if they are in denial about the situation and perhaps were before the stroke too. Consider that you probably don't have all the right facts here either maybe? I cannot imagine that the care home don't have a formal procedure or policy on this.
I am sure they do. I just want to know what to expect in the next few days
OP posts:

Interested in this thread?

Then you might like threads about these subjects:

Care homes Property legal advice
Original poster
54321nought · 11/08/2021 08:21

I'm sure you are right about denial

OP posts:
Original poster
54321nought · 11/08/2021 08:22

although equally, it is possible they will be living independently and working again in a few months, possibly still in a wheel chair

OP posts:
GreenFingersWouldBeHandy · 11/08/2021 08:23

You need to contact social services.

I'm not sure why you are so involved in this if you are not family, but you obviously care about their welfare. Just be very wary of ending up with it being assumed that you will be their carer.

nocturnalcatfreetogoodhome · 11/08/2021 08:23

They are a critically vulnerable person, not to mention their age. I imagine social services will get involved?

LIZS · 11/08/2021 08:27

Also having been in hospital/home for so long the harsher reality of coping at home, alone, may well not be in his focus. Instead the sense of home comforts and drive for independence overrides any recognition of limitations and need for long term care.

WeAreTheHeroes · 11/08/2021 08:34

@GreenFingersWouldBeHandy

You need to contact social services.

I'm not sure why you are so involved in this if you are not family, but you obviously care about their welfare. Just be very wary of ending up with it being assumed that you will be their carer.

If you've read the thread it's pretty obvious why the OP is asking for advice here.

It sounds like a very stressful situation for your friend and as though they aren't facing up to the reality of their situation.

Jellycatspyjamas · 11/08/2021 08:35

There must have been some agreement about fees when he was discharged from hospital - they couldn’t simply put him in a home without an agreement about how the fees would be paid, the hospital can’t make the decision to put him in a home and have him cover the fees without his written agreement. If they placed him there without that agreement in place the fees would be the responsibility of health and social care.

Lalliella · 11/08/2021 08:39

@saraclara

You need to contact the vulnerable adult safeguarding team as soon as possible. As soon as they open today, in fact. This is a social services issue and they are the only people who can help.
Absolutely this. Definitely a safeguarding issue.

As a side issue, nice to see you here @saraclara with your typical good advice, you really helped me once on one of my threads (possibly a name changed one)

FlemCandango · 11/08/2021 08:41

www.nhs.uk/conditions/social-care-and-support-guide/money-work-and-benefits/nhs-continuing-healthcare/

Has he been assessed for NHS funded continuing care? This sounds really odd. If he was unfit to care for himself and put in care home without consultation it sounds like he should have funded care?

godmum56 · 11/08/2021 08:41

@Bellringer

And don't be too interested, either he has capacity and lives with consequences, or assessed as needing help and have it imposed. Not your responsibility
^ this^ capacity isn't a "binary" situation, neither is it a fixed judgement....so someone might have capacity to choose what to eat but not have capacity to choose where to live....and may have capacity on some days but not on others. It does sound to me that as things stand, he may not have capacity to make a decision about where to live because if he did then there would be nothing to stop a real actual eviction. Honestly if it was me not you, I would stay right out of it. Not only is it not your responsibility, but you could end up getting railroaded into doing things you DO NOT want to do. He has social work involvement so he is not alone. I used to work with people who has strokes of all kinds and all levels of severity (retired now) and from what you are telling me, the liklihood of going back to work, even from a wheelchair seems slim. But as i said, unless you hold POA and have to ne involved I'd stay well out of it. Don't end up in the middle between him and SS, or the home or anybody else.
Blossomtoes · 11/08/2021 08:43

It flooded last year, he was living without electricity and water in the house when he had the stroke

This doesn’t sound like someone who has capacity to me. Who lives without electricity and water? If the local authority arranged the care home placement, they must already be involved. I don’t think you’re aware of the whole story, OP.

bevelino · 11/08/2021 08:43

OP, I am wondering if your friend has capacity given that he was living without running water and electricity. Furthermore, refusing to deal with the current situation he is in. Social Services and possibly a lawyer need to be involved on your friend’s behalf.

peridito · 11/08/2021 08:43

But if you've just had a stroke and are in hospital without friends/family support perhaps you're not at your best in making decisions or agreeing things ?

"Capacity" is surely a difficult thing to correctly determine ,many people have good and bad days ,even hours .I can see that an incredibly busy ,overstretched hospital discharging last December at height (?) of pandemic might be anxious to free a bed and err on the side of thinking a patient more competent than they really were .

saraclara · 11/08/2021 08:45

As a side issue, nice to see you here @saraclara with your typical good advice, you really helped me once on one of my threads (possibly a name changed one)

Oh how kind of you @Lalliella! I'm glad something good has come out of the amount of time I spend on here!

Stompythedinosaur · 11/08/2021 08:46

I don't think there is any danger they will stop providing food or basic care while he is still living in the home.

I have no idea about eviction, though.

Choux · 11/08/2021 08:48

What a terrible situation. It sounds like this man either doesn't have the full details of his prognosis or is in denial about it.

I don't understand why he went straight from hospital to care home without a spell in rehab to get him back on his feet as much as possible but perhaps the stroke was too severe?

I think his obstinacy to sell and pay fees without having a workable plan for the future is the reason eviction is being threatened. If he wants to return to work, what is he doing to seek employment? Or to get his health back to where employment is viable? If he wants to live independently what would that mean re improvements to his home - access from street, stairlift, water, electricity - and is he making realistic plans to get these changes done? Is he focussed on his physical rehab to get to the point he can dress, toilet, cook for himself or does he accept he will always need help with these when he returns home?

If he was living without water and electric pre stroke he sounds like a hardy, possibly eccentric and stubborn person. Can he make a realistic plan to show how he will achieve all that is required to return home? Discussing that with him may be they key to getting him to accept the current situation and the need to stay where he is and pay.

I would let the home, SW etc know you are a friend and want what is best for him but are not part of the solution. He is quite young. Is there a type of home where he could live a bit more independently, still work etc Eg extra care housing? Or is he adamant that he wants to return to the old house? If he does then he needs a workable plan to make that viable so that SW support his preferences.

nettie434 · 11/08/2021 09:00

Agree with advice about contacting adult safeguarding and about making it clear to everyone that you are a concerned friend but most certainly not responsible for the person.

Flemcandango Funding for NHS continuing care is complicated but very few people get 100% NHS funded care so it is unlikely this person would qualify.

54321nought I really admire what you are doing. It cannot be easy. The other people to contact are the Residents and Relatives Association

www.relres.org/

People don't always realised that care home residents are not tenants so the eviction process is different.

DeltaFlyer · 11/08/2021 09:01

The care home has a duty of care to keep feeding him and providing care regardless of the fees being paid or not. The costs of such are included in the fees and will just be added on the total debt so that's one less worry.

MrsPelligrinoPetrichor · 11/08/2021 09:01

Why did he go into a private care home,that seems a bit odd, did I miss that?

Definitely check SS are involved as he sounds very vulnerable.

Be very clear you can't care for him but you can make lots of noise about appropriate care.

Good luck.

Terhou · 11/08/2021 09:03

@54321nought

although equally, it is possible they will be living independently and working again in a few months, possibly still in a wheel chair
Is this at all realistic if they are still so dependent several months after the stroke? At the very least it sounds as if they'd need some very heavy-duty physiotherapy - are they getting that?
Christmasfairy2020 · 11/08/2021 09:03

Social services will put them in hospital. They will then go home with 4 calls per day if they won't pay.

Christmasfairy2020 · 11/08/2021 09:04

If they fall etc and it isn't sustainable and they need 24 hr care then they should be having an assessment and if they qualify they get funding