Medequip: Is next of kin contractually liable for return of Medequip items?

[VexedOfKin]

MiL (DP's mum) has recently moved from her rented accommodation into a permanent nursing home. She lives 300 miles away. We've always made a point of visiting monthly.

She was assigned a social worker upon her most recent discharge from hospital. The social worker comissioned an OT assessment and four items of Medequip equipment were installed in her home in wait for a place at the nursing home. Now the move is complete, we are in the process of liaising with the housing association to return MiL's flat and emptying it of her belongings.

DP has contacted Medequip to advise them that their equipment will be available for collection in the next 4 weeks prior to the flat being returned to the housing association providing a range of options for accessing the property: key safe, neighbour, proposing two dates when we will be at the flat to facilitate emptying it, liaison with social worker who commissioned the items who has access to the flat, contact with HA officer etc. Mediquip have responded, saying that as next of kin, DP is liable for the return of the equipment and needs to be present at his mum's flat for what seems like an indefinite period to sign off the collections, which can apparently be scheduled for different dates at short notice.

Due to work and additional caring responsibilities at home (disabled DC) it's not going to be possible to travel back and forth to MiL's flat at short notice to be available for equipment to be collected but the Medequip representative insists next of kin is contractually liable for the return of the equipment and that this is what we need to do to fulfil our obligation.

While we are extremely grateful that MiL's life has been made easier and more comfortable with the use of these items (a commode, seat cushion, a footstool and a lap tray) we weren't consulted about the equipment being installed, nor did we sign to say we would be liable. Had we been informed we would be expected to facilitate the return of the items in the way that is being stipulated, as opposed to the Adult Health and Social Care office which arranged it, we'd have sourced the items ourselves and arranged for them to be removed by the same removal / house clearance company we've hired to remove the remainder of MiL items.

Has anyone else found themselves in a similar situation with Medequip and how was it resolved?

Can’t you take it all back to them when you are there rather than have them collect it?

@Chemenger Apparently not as it's not an office as such but a depot where used equipment is reconditioned etc.

I'd contact the OT who arranged the equipment and ask them where they want you to drop it off as you cannot be at the house at a specific time for collection. The OT can then arrange for it to be collected from her/him.

I don't know why these companies are particularly difficult in these situations. We had a similar problem after DM died and we needed to return equipment, and additionally a care call alarm system which they were insisting they would keep charging a usage fee for (even though DM couldn't use it because she was dead!)until we returned it to a depot with short weekday office hours when we all lived a minimum of 75 miles away. Eventually, we were able to negotiate dropping the equipment off at an alternative venue at a time of our choosing.

No idea of the legality of the bullying tactics they use on relatives but they do seem to enjoy making life difficult. Next of kin has no legal status in the UK buy they no doubt got your MIL to sign a loan contract for the equipment and it is ultimately her responsibility to return it once she no longer needs it - which obviously she's not capable of doing.

That seems a very strange way of doing things. So if you can’t be there what do they say will happen? I would say I’ll be here on these days, come get your stuff or it’ll go in a skip. They can’t be that bothered about it. What about people with no family?

As I understand it the term 'next of kin' has no legal definition, so unless your DP is the signatory to any rental paperwork, there is no legal requirement for him to get involved AT ALL. What would the company's position if an elderly person had no relatives at all ? They'd make arrangements with the SW or OT who arranged for the equipment.

May I suggest you take the Tell them route rather than the ask them route. So "I will be at the flat on x date at time y, until time Z. If you can't make that I will leave the equipment on the landing / roadside on the final day of the tenancy for you to collect at your leisure". Failing that the company can liaise with the SW who arranged for the equipment.

Slightly different but an uncle died with debts to the bank, who told my DM she was responsible for paying them. She basically told them to sue her, she may have been 'next of kin' but that doesn't make you responsible for anything the relative does or owes.

Thank you all, that's really helpful. I was so surprised at this insistence on 'the contractual obligation of next of kin', especially when it already feels like we've made a big effort to explain our circumstances and facilitate collection. 'Don't ask -tell' does seem a sensible strategy. We'll do that. Thanks again.

It sounds like you just got a bit of an arsehole
there. My mum had a load of medequip equipment, when it needed to be returned I called them up and explained it would have to be a day I was available to be at the house as my mum wouldn’t be able to answer the door, and they went with a date that was suitable for me, no issues. Maybe it’s purely down to area and the depot/staff you have to deal with?

Shocked to hear this. We had the same issue with loads of equipment but were able to arrange a convenient day (OT/ adult social care had a different company providing it in my relative’s area, NRS ). We had to have someone in all day until they came but there was lots of clearing to do so that was ok. Maybe you can say that in other areas with another company it is possible to arrange a particular day and if this is not possible you will be writing to OT and ASC to check the terms of their contract with them and complain. They probably have to bid for the contract every few years so might not want complaints.

They're just trying to strong arm you into making their job easier. He's not in any way liable and couldn't possibly be.
Tell them you can deliver, or give a date they can remove and tell them you will dispose of them if they do t agree to one of them.

I am an OT. Return of equipment is very hit and miss. If you can't just drop it off then I wouldn't worry about it too much. You won't be fined.

Their company website clearly states you can drop it off at local drop off points:

https://www.medequip-uk.com/returning-equipment

Ask if it would be easier to arrange if you go through the head office instead.

This is all such great advice, thank you. Feeling much better equipped to move forward with it now.

I’ve had equipment from medequip
They don’t need your DH to be present to collect the equipment. Ime they are incredibly disorganised, at least in my area.
I would inform the OT the equipment will be waiting outside property on… date
Personally I left sofa risers outside for one year before they eventually came.
I had informed them countless times
Now you know why you see equipment on eBay/ FB

I’m in Wiltshire

@uncomfortablydumb60 Wow, that's nuts. It's such a great resource and I was thrilled when my mum recently had some pressure pads delivered that they were most definitely re-used, as I'd thought they might supply new things 'for hygiene' reasons, and I can't stand waste. But a pity that collections aren't as smooth as perhaps they could be.

Another one here confirming that you were very unlucky to get an ‘idiot jobsworth’ on the phone/email.
The options you offered (key safe, neighbour, HA representative) are all very reasonable and they can definitely work with that.
You have no legal liability.
Much of the equipment supplied is never returned at all

edit to add - father had equipment from Medequip, grandmother from NRS.

I hope your collection goes more smoothly than mine!
I have a wetroom and adapted kitchen so I’ve been incredibly lucky
whilst the water was off overnight just once OT ordered a commode to be used with liners.
They brought only the liners