Legal advice on care home contracts

Specialist advice when care arrangements require legal clarity

Expert advice from solicitors

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.

We can advise you on your care home contract or liaise with the care home on your behalf.

 

Care home contract advice

Frequently-asked questions:

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. You have no obligation to do this – it is voluntary
  • 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 for a free initial conversation to discuss your needs with no obligation.

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Rothera Bray Mental capacity and Court of Protection Team
Our team can advise you on your care home contract, potentially saving you money and avoiding issues down the line.
Emily Gordon

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