Deciding to get help with care is a stressful time. Placing yourself or a loved one in care is a difficult decision that often comes at a time when you do not have time to consider the legalities of care services.
Facing the decision to engage care services involves detailed discussion with the provider as to what services will be provided, how much those services are going to be, where the funds will be paid from and what happens when things go wrong. These discussions can be difficult to face.
The law of Contract governs care services and you need to be aware of what this means.
It is vital that you take advice on the contract presented to you before signing. Whilst it may have been verbally explained to you, you may find that not all of the provisions have been explained. Reading over the contract can be difficult as terminology can be tricky if certain legal words are used. Further, the implications of certain terms may not be as you were expecting.
We have found that care homes can be ruthless if fees are not paid, sometimes with the threat of eviction from the home if their terms are not met. Often people will withhold fees if things are going wrong to try and force action from the care home when perhaps this has not been forthcoming. This can be risky.
Advice up front to the contract is crucial. Further, if you are not getting the services you agreed to, early negotiations or discussion are imperative for a swift resolution.
If you think you may need advice about care services or the contract, or a dispute, contact our team without delay for friendly honest advice