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Bit of background.
My mum spent 3 weeks on hospital in the Summer of 2024. My father and I saw her on the Monday in the hospital and there was discussion that they were looking to discharge my mum, but that we would both be involved in the discussion.
The following day I received a call from my father to say that my mum had been returned home. This was unexpected. Both my parents are in their eighties and my mum, although not formally diagnosed, is recorded to have had possible dementia since 2023. A care plan was implemented for my mum with her receiving visits from a local care company, organised by the local council.
In September 2024 an invoice was sent from the local authority for 9 months worth of care, going well into 2025, with my mum's name on it. My dad immediately contacted me and with my help cancelled the care immediately as he was unhappy with the care company service and also the amount of money being charged - he said none of this was explained to him. I was going to help him follow up on this, but I caught COVID and so did not go see my parents for a week. Sadly, at the end of the next week my dad died and so we were unable to pursue this. My dad was my mum's main carer.
My question is - the invoice still remains unpaid and I have contacted the council, who have issued the invoice, to provide me with the details of the contract that was agreed including the terms of service and the cost of the service. I am now holding an LPA for my mother and manage all of her financial matters.
The council have replied that in the notes recorded by the care professional at the meeting with my parents, they were advised that the care would be chargeable. However, they have been unable to supply me with any evidence that my parents were given full information about the service that was to be implemented, the costs, their legal rights or any evidence that either of them agreed to this.
In view of this, does the council have a legal claim against either (or both) of my parents? My view is that the absence of a formal contract says they don't, but I'm not trained legally.
Please could someone advise me with regards to this and whether there is any cases of a similar nature which inform how this would be viewed? Thank you.
My mum spent 3 weeks on hospital in the Summer of 2024. My father and I saw her on the Monday in the hospital and there was discussion that they were looking to discharge my mum, but that we would both be involved in the discussion.
The following day I received a call from my father to say that my mum had been returned home. This was unexpected. Both my parents are in their eighties and my mum, although not formally diagnosed, is recorded to have had possible dementia since 2023. A care plan was implemented for my mum with her receiving visits from a local care company, organised by the local council.
In September 2024 an invoice was sent from the local authority for 9 months worth of care, going well into 2025, with my mum's name on it. My dad immediately contacted me and with my help cancelled the care immediately as he was unhappy with the care company service and also the amount of money being charged - he said none of this was explained to him. I was going to help him follow up on this, but I caught COVID and so did not go see my parents for a week. Sadly, at the end of the next week my dad died and so we were unable to pursue this. My dad was my mum's main carer.
My question is - the invoice still remains unpaid and I have contacted the council, who have issued the invoice, to provide me with the details of the contract that was agreed including the terms of service and the cost of the service. I am now holding an LPA for my mother and manage all of her financial matters.
The council have replied that in the notes recorded by the care professional at the meeting with my parents, they were advised that the care would be chargeable. However, they have been unable to supply me with any evidence that my parents were given full information about the service that was to be implemented, the costs, their legal rights or any evidence that either of them agreed to this.
In view of this, does the council have a legal claim against either (or both) of my parents? My view is that the absence of a formal contract says they don't, but I'm not trained legally.
Please could someone advise me with regards to this and whether there is any cases of a similar nature which inform how this would be viewed? Thank you.
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