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Original poster

Do I have to pay this bill - deceased Mother.

15 replies

bebespain · 03/09/2014 16:06

I will try and keep this as brief as possible.

My Mum died in June. She had Alzheimers and took a turn for the worst in May. On the advice of her Social Worker she was admitted to a residential assessment unit to be assessed for 6 weeks. She lived by herself. Without going into great detail it turns out she was suffering with advanced Cancer and died the following month. She should have been taken to Hospital. I live abroad and so couldn´t help as much as I would have liked.

I received an email yesterday from the Local Authority for a bill for nearly 1000 pounds to cover her stay at the home.

I don´t know what to do as in my opinion she shouldn´t have even been there and despite me speaking to SW over the phone on several occasions he never mentioned there would be a charge involved.

Can anybody advise?

OP posts:
itiswhatitiswhatitis · 03/09/2014 16:08

That doesn't sound right but hopefully someone will be able to advise better. Was this unit in a hospital or was it in care home?

DPotter · 03/09/2014 16:19

I'm sure someone who knows more than me will be along soon, however in the meantime - did she own her own house / flat or have savings ? If so it may be that the council think they can claim against her estate. I'm not sure of the procedure for someone being assessed, however I would have thought there would have been paperwork involved if they were going to charge her.

Musicaltheatremum · 03/09/2014 19:24

You personally won't have to pay the bill. If it needs paying (and that is something you or the executors of her estate will need to find out) it will be paid out of her estate.
Sorry for your loss.

GloriousGoosebumps · 03/09/2014 19:42

It seems strange that a local authority would charge for an assessment but legally they can only claim payment if a contract was signed. Given that your mother suffered from Alzheimers I can't see how she had the legal capacity to enter into a contract, which would make the contract void. Did someone in the family have power of attorney and sign the contract on her behalf? Ask for a copy of the contract. If there isn't a contract or it's a contract which has been signed by your mother, use the complaints procedures. If they won't concede tell them to sue the estate. They won't get far given your mother's mental capacity.

Original poster
bebespain · 03/09/2014 23:49

Thanks for your replies.

I spoke to the SW when he made the decision to have her admitted, it was to an assessment unit which was part of a residential home. I went to visit not long after she went in and nobody showed me any paperwork or such like. As far as I am aware she didn´t sign anything. I honestly didn´t know anything about any charges.

There was nobody with power of attorney.

She didn´t own her own home and had little in the way of savings, so much so that when she they carried out a financial assessment when Carers became involved in February, she was classed as exempt.

I wouldn´t mind so much if it had been the right place for her but it wasn´t and the fact that they now want payment for it is making me feel very annoyed.

GloriousGoosebumps - when you mention complaints procedures, are you referring to the Local Authority?

Thanks again

OP posts:
Goldmandra · 03/09/2014 23:52

If she was assessed as not needing to contribute to her care you shouldn't have to pay.

Speak to the care home and the social worker. If you get no joy you might be able to get help from Age Concern or the CAB to sort it out.

flummoxedlummox · 03/09/2014 23:57

Sorry you are going through this Flowers.You could ask if your mothers care should have been covered by continuing care, certainly from the date of her diagnosis. This is paid for via the C.C.G. which is NHS not Local Authority. If the Social Worker is Local Authority ask them about this.

flummoxedlummox · 04/09/2014 00:00

This explains it better than I did.

PicandMinx · 04/09/2014 00:06

The Local Authority are trying it on. I wouldn't pay the bill. Ask them to provide a copy of the signed and dated contract.

I had a similar run in with a LA when my Uncle was taken into care home. He was placed in care by his SW after a nasty fall at home. He lived in a rented flat and had a small pension and so his care package was paid by Adult Social Care. When he died, the LA sent my DM (his sister) a bill for over £1000. We challenged it and the LA removed the charge as it was a "admin error".

Good luck.

DancingDinosaur · 04/09/2014 00:12

In our authority the first 6 weeks assessment period is free. They also don't charge until a financial assessment is completed. If nothing has been signed, and your mother didn't have capacity to sign, then the council are in a weak position. Speak to the cab for advice in your area.

GloriousGoosebumps · 04/09/2014 06:55

bebespain - start with the local authority's complaint's system. There'll be strict time limits for responding. Ask for a copy of the contract, the procedures for assessment and explanation of what happened in this particular case. If you don't receive the answers you need, write to the Councillor with responsibility for Adult Social Services, s/he will get faster responses than you will. In the unlikely event that you don't get the response you need, move onto the Local Government Ombudsman. Council's hate Ombudsman complaints...

Collaborate · 04/09/2014 07:01

Will she have had to make a contribution out of her pension/benefit income? I understand this is what usually happens.

GloriousGoosebumps · 04/09/2014 07:10

bebespain - I should have added that you need a response in writing, something you can produce in the future should the local authority decide to reopen their claim for this money.

Original poster
bebespain · 04/09/2014 10:13

Thanks again everybody or all your help Thanks

It would be so much easier if I lived in England...just trying to contact the CAB, they are very strict about only helping people who live in the area where they are based - it´s frustrating to think I could just call in if I lived there.

Anyway, you have given me a lot of pointers to fight this.

GloriousGoosebumps - thanks for providing me with the steps for LA complaint´s system, I think that is the route I shall be taking.

OP posts:
Original poster
bebespain · 04/09/2014 10:20

Collaborate - from what I have read, this would have been the case had she reached the end of the assessment period and it was concluded she would have needed a full time place in residencial care, and that´s fair enough.

Matters are complicated because if her GP had investigated her pain properly, she would have been admitted to Hospital, of that I am sure...the pain she was in was due to the Cancer but because of the Dementia I don´t believe they took her seriously...she should not have been placed in a residential care home Sad By the time she was referred to Hospital, it was too late and she died a week later.

I don´t believe this would have happened had I been there to fight her corner but that is something I will have to come to terms with on my own.

OP posts:
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