“Youth is full of pleasure, age is full of care” William Shakespeare
As we get older, we hope for a healthy and active retirement, but we do need to consider our future care requirements such as the cost of care home fees and who should pay for these.
Our families share similar concerns, that care home fees will wipe out any inheritance, but often fees can be challenged and money recouped.
Solicitor, Mike Talbot, specialises in care home advice and has helped clients recover money by challenging the NHS Continuing Healthcare Funding scheme. From £4,000 to £100,000 Mike has been able to claim care costs back.
If you or a relative are in a nursing home because of mental or physical illness then you might be paying for something which could have been funded by the NHS, with the care provided either in a home or even in your own home.
“In 1999 a landmark ruling said the NHS was responsible for funding if the primary reason for extended care was a health need, but each Primary Care Trust has its own procedures, so it is a bit of a postcode lottery,” says Mike.
Speaking about his cases he adds: “I have been able to claim fees back for healthcare and personal care costs, care home fees, board and accommodation, without other assets being taken into account.”
In one recent case, we recouped £70,000 when a daughter came to us following her mother’s death. She had resided in a care home for several years, but her care was only partially funded. The family firmly believed that due to the complex care needs they should have been granted continuing healthcare funding. (CHC).
“As part of the challenge we went back three years to when funding was denied. Assisted by an application to review GP records and a thorough review of all medical records, we successfully built up a case for retrospective CHC funding.
“Sadly, our client’s mother had passed away, but a significant part of the estate was recovered, and it was something they should not have been paying,” added Mike.
“Cost of care is a huge financial burden and causes a great deal of worry and concern amongst families.”
Here’s what one of our clients had to say about our services:
“My father had significant health needs, he was eligible for funding, but I knew nothing about it, he was entitled to that money, he had worked hard all his life. Mr Talbot helped my family and my father get what he deserved.”
Care Home Neglect
With an ageing population where we spend our later years is important.
Later life accommodation comes in many forms, some of us are lucky to live in our own homes well into our old age, others reside with family, but for many a care or nursing home is essential.
You hope it’s going to be a home away from home, but sometimes accidents happen, and care can be substandard or even neglectful.
Falls are common in older people, but three times more common in care homes. They make up 40% of admissions to hospitals and every fall has consequences, a failure to prevent them is inexcusable as risk assessments should maintain a good duty of care for all residents.
“Nursing and care homes are subject to regulation, rating, and inspection by organisations such as the Care Quality Commission (CQC), so it’s a good idea to make sure the home you choose is properly regulated,” advised Personal Injury Solicitor, Mike Talbot.
He has helped secure compensation for victims and their families, but more importantly, he has influenced care homes to address the issues to prevent future neglect.
Unexplained injuries or bruises, poor personal hygiene, bed sores and pressure ulcers, malnutrition, or dehydration, withdrawn behaviour or potential depression can all be signs of neglect.
“In most cases, care homes are respectful of their residents and treat them with kindness but when care goes wrong residents suffer serious injuries, long-term health issues, or in the most serious cases, I have dealt with the sad death of a loved one,” he said.
If you are suffering from neglect in a care home, or you believe a relative is at risk report your concerns to the care home manager, record all events with dates and times, get photographic evidence, if possible, take notes, and then get legal advice.
