How can care homes charge fees after a death? | Money

I have power of attorney for my aunt who lives in a nursing home run by Avery. Health care. Avery recently sent his loved ones his new contract, which states that care home fees are payable for 14 days after the death of a resident and levies an initial fee of £595 for “disrepair» (damage or wear).

These accusations contradict advice given by the Competition and Markets Authority (CMA) and are probably unenforceable.

Avery knows the accusations are unfair because the Local Government and Social Services Ombudsman dropped its investigation into a similar complaint when the company offered to reimburse the family of a deceased resident as a “goodwill gesture.”

He offered me the same thing when I complained, but as long as the clauses remain in the contract, How much unsuspecting people will be hit with unfair accusations as they deal with grief?

YEAR, London

It is extraordinary that Avery is inserting these clauses into a new contract eight years after the CMA announced that it was potentially illegal to automatically bill families for more than three days after the death of a resident. The regulator also deemed charges for “normal wear and tear” potentially unfair.

Avery, whose majority shareholders are the multi-billionaire Reuben brothers, demands £595 up front for dilapidation when a resident moves in, well before the length of stay or condition of the room is known.

Following the CMA’s decision in 2018, healthcare providers were required to change their terms and conditions with immediate effect, or face enforcement action.

Avery, which runs more than 100 care homes across the UK, responded when I asked how this justified not following regulatory guidelines. He said the 14-day charges were intended to give loved ones “time and space to prepare appropriately” after a bereavement.

This excuse is undermined by its own terms and conditions, which make clear that income, not well-being, is the justification.

Relatives who quickly remove the deceased’s belongings must still pay the full fortnight, whereas in the previous contract, the costs stopped as soon as the room was vacated.

Now, the fee is only waived if Avery manages to re-rent the room within those 14 days, in which case it must continue paying until the day the new resident moves in.

I submitted these points to Avery. He remains unfazed and emphasizes that the old contract predates the acquisition of the retirement home and that his pricing policy is old.

I asked the CMA if it takes action when care homes ignore the rules. He refused to say it.

So I contacted the Local Government and Social Services Ombudsman, who told me they received complaints about these charges, but did not record their numbers. He says: “We expect providers to follow the law and take into account the CMA’s advice when drafting contracts.”

You will now file a complaint with the mediator. I would advise anyone with a loved one in a care home to check the contract and complain if such fees are charged.

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