Legal Advice on Care Home Contracts
Get expert advice from care home legal specialists
If you, or your loved one, move into a care home, assisted living or a similar, you will be asked to enter into a contract.
This contract will usually be drafted to offer maximum protection to the care home. Particularly, their ability to recover their fees.
It is extremely common for relatives to be asked to sign contracts which they are not legally obliged to. This will often make them financially responsible for any costs due under the contract.
The company Which? notably carried out research in 2018 and determined that ‘unfair’ clauses in care and nursing home contracts were extremely common.
At Rothera Bray we can advise you on your care home contract or liaise with the care home on your behalf. Please feel free to contact our specialist team for a free, no-obligation discussion.
Here are some questions we’re asked frequently:
My parent has moved into a care home, do I have to pay their fees?
No, your parent will be financially assessed to determine his/her ability to pay for their own care. You are under no legal obligation to contribute to the costs of their care, unless you choose to do so voluntarily.
My parent has moved into a care home, do I have to sign the contract?
You will only need to sign the care home contract:
- If you’ve agreed to pay a ‘third party top up’ out of your own personal funds; or
- If you act on your parent’s behalf as either an attorney or deputy. In this case, you will be signing on their behalf, not in your personal capacity.
We can advise you whether you should sign or negotiate the contract.
Are care home contract terms negotiable?
In almost all cases, yes.
Any contractual terms that are considered ‘unfair’ will not be legally enforceable. An example of this would be if the care home expects fees to be paid for a protracted period after a resident has died.
Unfortunately, it is still common for these contracts to contain unfair clauses, or terms which place financial responsibility onto someone other than the resident, and these can be negotiated.
To find out more, contact us to discuss your needs with no obligation and no cost to you.
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Jeremy Allen
Partner & Head of Trusts and Court of Protection
Jeremy Allen is a Wills, Probate and Trusts specialist at Rothera Bray Solicitors and is based at our Lace Market offices in the heart of Nottingham City Centre.
Emily Gordon
Senior Associate
Emily Gordon is a Senior Associate in Rothera Bray’s Mental Capacity and Court of Protection department and is based at our Nottingham office.
Lyndsey Hudson
Solicitor
Lyndsey is a Solicitor in Rothera Bray’s Mental Capacity and Court of Protection department. She is based at our Nottingham office.
Louise Mathison
Senior Paralegal
Louise Mathison is a Senior Paralegal in Rothera Bray’s Mental Capacity and Court of Protection department and is based at our Lace Market, Nottingham office.
Jessica Redden
Paralegal
Jessica Redden is a Paralegal in our Mental Capacity and Court of Protection department and is based at our Lace Market, Nottingham office.
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