Take care with care contracts

Posted on 21 Feb 2012 in The Lodders Blog

Articles in the press today contain a cautionary tale about the dangers of missing the small print in care home contracts.

Sue Cann was presented with a bill in excess of £3,000 following her father’s death as she had not given the home he was living in 28 days’ notice that he would be leaving their care. As Sue states, it is not possible to let anyone know when we or other people are going to die, meaning in effect that the home was claiming an extra months’ worth of fees for every resident who died.

Most care home contracts will contain provisions regarding how quickly rooms should be cleared when a resident dies, and it may be that charges are made for a week or ten days to allow for it to be made ready for a new resident. Charging for an entire months’ worth of care is not fair, and is the type of clause that you should be on the lookout for when arranging a care placement.

The move into care is often an emotionally draining time, and looking at legal documents may not seem to be a priority.  It is, however, essential that you know exactly what you are signing up to. If you do not feel comfortable doing this, or if you think a clause is included that is unclear or unfair then you should take legal advice.

http://www.dailymail.co.uk/news/article-2104184/Care-home-orders-grieving-daughter-pay-3-000-didnt-28-days-notice-fathers-DEATH.html

http://www.telegraph.co.uk/family/9095702/Daughter-forced-to-pay-3000-to-care-home-for-failing-to-give-months-notice-of-fathers-death.html

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft635.pdf