Eviction from care home - what will happen?

[54321nought]

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.

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.

If he was quite unwelll when discharged from hospital he was probably given six weeks paid by NHS / social services while a plan was made. Especially if Covid meant hospitals needed to be cleared.

Given the winter covid wave / locking down of care homes, making the plan probably took longer than anticipated. Then in spring SW / the care home started to discuss the requirement for the ongoing fees to be paid. At this point he dug his heels in and said won't pay as no money and plans to move back to the house so won't sell it. Over the months discussions have become stronger and eviction now being mentioned to force a change in the situation.

I think I'd prefer to choose euthanasia over going into a Care Home!

Most of us would. Sadly it’s not a realistic option.

[quote Boredmotherofone]**@YanTanTethera123* Holy crp! As awful as this sounds, I would've refused to take her in (when she turned up at 2am) In fact I wouldn't have opened the door at 2am unless it's the police.

They could've had Dementia and/or been violent![/quote]
I vaguely knew her in I had once or twice seen her in her garden, and I knew where she lived (tiny gamekeepers lodge, husband died years ago but estate let her stay there).

I took her home the following morning and found myself having to do everything from personal care to cooking, walking ancient dog, taking to GP etc and hospital appointments because absobloodylutely no one would take her on because ‘you’re her carer’. It was awful. I had 2 small children, was awaiting an urgent hysterectomy and my DH was a farmer and largely unavailable to do anything.
I had to be very blunt with the GP after the fourth time I phoned Social Services the response was that she was very low priority because she had someone looking after her!
Unbelievable but sadly true.

@goldfinchfan

Early sixties is not very old.

He could well recover enough to live independently in say sheltered accommodation.
I totally understand why he would not want to sell up and remain a bloody Care Home.
He needs help to get from where he is to an affordable and practical place to call home.

Not particularly likely if he is still so dependent more than 8 months after the stroke. It sounds like he may have reached a plateau.

My mum went into a care home after a stroke, and the assessment for fees was done after she had moved in. My MIL is in a care home and the assessment was also done after she moved in. So it does not always happen before being admitted into a home. It’s possible he didn’t think he would have to pay or he thought he wouldn’t be there that long.

Considering how long he’s been there, I think it’s really unlikely he’s going to be able to recover enough to work again. They won’t have been doing any rehab or physiotherapy. That should have been done much sooner to make a difference.

to people suggesting selling his (sadly wrecked) house & using the money for single level property
he would need either a downstairs flat (which would have potential for adaption) this type of flat is not easy to get & ex council probably wouldn't sell this stock of accessible type because they need them
Bungalows are more expensive than most houses - especially if they are adaptable
Forhis kind of profound disability the property would need wide entrance doorway & all other doors through out property (or potential to adapt this way) wide turning area & ability to turn a largish bathroom into a wet room - access from foot path into house must also be (or made to be accessible) this kind of property will cost more than his house did - even single bungalows are cheap & remember he will still have to pay his bill for at least 7 of the 9 months & that will be at least £1000 a week (probably much more being BUPA) quick addition means £28000 minimum probably more
Which is why they are chasing him

Ok, I have just come back from a visit.

He is still in his room, and still being fed and taken to the toilet, as yet, not sitting in the reception being ignored, thank goodness!

( although I did take my camera to document, if he was)

We have very little time together, as visits are so tightly limited right now, but |I gave him an edited print out of these pages, so he has all the suggestions, but not the same one repeated by different posters, and not the ones just asking details - I also edited keeping in mind that the staff might well see it too, I have asked him to keep it private, but not sure how much privacy he actually gets.

I also gave him a one sheet summary

I asked if my details could be removed from their records at the home, and they said no, due to test and trace, but I explained at length that they were not to pas them on to social services, or anyone because I am not in a position to offer any support, and I did not want to be mistaken for a relative.

Staff were courteous and caring, as always, no difference in treatment since he officially became a "squatter"!

He did ask me to take some of his valuables for safe keeping, but I wasn't sure if this was a good idea, after what everyone has said about not being involved.

I said not right now, maybe next visit, which is in a few days - visits are hard to book.

What do people think about me taking valuables? TV/ lap top etc. Apart from anything else, it leaves him without them, and without communication, and I am not sure of the legal position.

My gut feeling is don't take the valuables - as you've said, he needs them to use, and also a second hand laptop and TV aren't valuable enough to be worried about.

The home is hardly going to be taking them to a pawn shop to pay towards his debt!

If his worry is that if he is evicted then he might not be able to take them with him, presumably any belongings would be put safely in storage until they can be collected. Anything else would be theft.

remember he will still have to pay his bill for at least 7 of the 9 months & that will be at least £1000 a week (probably much more being BUPA) quick addition means £28000 minimum probably more

Why should he pay though? If he was put there as rehab, nobody arranged any next steps, and he hasn't signed anything saying he's officially going to live there? It's different from somebody paying to go there for respite and choosing to stay on.

OP, I don't think you taking his laptop etc is a good idea. I agree with Weatherwax, they're not going to take his things away from him.

How was he OP? I mean did he talk about his plan for the future or what he wants to have happen next?

Staying without paying doesn't seem to be an option so is he thinking he can go home soon? Or trying to get stronger / sort the house so going home could be an option?

OP re his valuables, one thing that you could do would be to find him a local solicitor who could perhaps arrange for them to be stored safely, if that is what he wants - someone who deals in family/personal matters. Perhaps the local Citizens' Advice Bureau could recommend one or two local firms?
If he has capacity at the moment, he's going to need legal advice anyway, sooner or later, if he has to sell his house and/or gets taken to court for unpaid care-home fees.

But, as other well-experienced posters have already said, the first - and urgent - priority is a social worker. He really needs one right this minute. The best thing that you can do for him to to make sure that there is a social worker taking an active interest in his case, today. And, as others have said, they need to know that you cannot/will not take any responsibility for him.

He also needs assessing as to his current capacity. As others have said, this is not an exact science. And if he's considered not to have capacity, then the Court of Protection will have to manage his property, and much else.

This is a big problem for you to take on; he's fortunate to have a friend like you.

@Choux

How was he OP? I mean did he talk about his plan for the future or what he wants to have happen next?

Staying without paying doesn't seem to be an option so is he thinking he can go home soon? Or trying to get stronger / sort the house so going home could be an option?

He wants to go home, and is planning to do so shortly, and is assuming he will improve, and also be able to have cares in.

id be amazed if the police turned up, if they have a place in a week surely its a case of negotiations and SS.

Reading other threads i agree, be very careful how you care for people you dont really know and who you take in, ss love to wash their hands of it suddenly stating you are now their carer. Seen some absurd cases.

Dont think it been said but my phones being a nightmar, is he engaged with universal credit or anything?

If he’s sixty and on discharge to assess funding, having had a stroke he is very likely to return home. Why would he not, assuming capacity?

If he is likely to return home and it is his sole residence he cannot be forced to sell. A charge can be put on the property but it isn’t financially worth it for less than £2,000 - a weeks care home fees and costs.

He needs a proper assessment of needs conducted by local authority and a plan for ongoing care and treatment. The home should not be discharging him without this. They are obligated to arrange it.

They cannot evict and no bailiffs or police will turn up. They shouldn’t even be sending him notice. The contract was with the admitting authority- probably the CCG and they remain liable until other arrangements to support his care are made. Someone should be advising on finances, benefits etc and making transfer arrangements.

I suspect it’s a legal formality letter, for process in case he doesn’t move out or payments aren’t forthcoming. The best thing is to have a discussion with the homes registered manager who is legally responsible for his care and welfare. They should be coordinating things on his behalf.

@Shedbuilder

Who are you, OP, that you know so much about this person's life — yet you say they have no family?

For goodness' sake. Read the OP's posts before you start challenging her so abruptly (and pointlessly)

@Shedbuilder apologies. I just committed a similar sin, and missed that there was another page where you acknowledge your error.

I think he is very unrealistic about how much progress he will make and how quickly.

Most improvement is in 24 hours, then a week, then 6 months. He should see improvement in the next 12-18 months but it will be very slow.

It sounds like he didn't get lots of rehab input at the beginning which is what he really needed

Absolutely step back.

@RandomMess

I think he is very unrealistic about how much progress he will make and how quickly.

Most improvement is in 24 hours, then a week, then 6 months. He should see improvement in the next 12-18 months but it will be very slow.

It sounds like he didn't get lots of rehab input at the beginning which is what he really needed

Absolutely step back.

This.

Social services will not release him to a house with no water and electricity where he will be trapped on the ground floor with no toilet or kitchen facilities.

If he isn't making the plans which SS believe are needed to make the house habitable and safe for him I wonder if this will trigger a capacity assessment. Plus if he is expecting to make a full recovery and medical opinion says otherwise his inability to accept this may also be part of his capacity assessment.

In the interim I could imagine that Bupa have notified SS that he cannot stay with no prospect of a speedy resolution and SS find him a place in the cheapest home they have available.

"Social services will not release him to a house with no water and electricity where he will be trapped on the ground floor with no toilet or kitchen facilities."

No they won't.

It's surprising how low (imo) the bar is set for what is acceptable though.

If no access to a bathroom, a commode & strip wash at the sink!

@diddl I think the ground floor here is a garage and a hallway / stairs only. It's a townhouse.

If no access to a bathroom, a commode & strip wash at the sink!

Which is shocking as seeing back in the 80s many flats didn't have bathrooms just outside loos and that was a fast track way to get re housed as it wasn't seen as acceptable. Shame we're going backwards 😢

I doubt he is a tenant with rights to notice.

. Surely residence in a care home is more akin to a paying guest in a hotel; and can be terminated just as fast.

So they have been in a care home for months and not paying fees? Do they think they should get 24-hour care for free?!