In the summer of 2010 Mrs B was admitted to hospital following a fall in which she suffered a fractured bone and subsequently had surgery to fix it. She had a period of rehabilitation in hospital before moving into a residential home.
A family friend contacted Paul Watkins at Beviss & Beckingsale with a view to setting up a Power of Attorney for Mrs B when she was in hospital but unfortunately Mrs B suffered with dementia and was unable to make a Power of Attorney. The family friend was eventually appointed as her Deputy under the Court of Protection to look after her financial affairs.
Due to her capital and income she had to pay for her own care which amounted to £2,500 per month.
Whilst Mrs B was in the residential care home her health continued to decline and she became totally confused and disorientated in time and place, frequently fell and could not communicate her needs. As her health deteriorated she struggled to swallow and her weight dropped quickly.
In the winter of 2011 concern was growing about Mrs B’s health and the care home fees were exceeding Mrs B’s income. The family friend with the help of Paul Watkins applied for NHS continuing health care funding and Mrs B was awarded funding.
Mrs B died in January 2012.
Following Mrs B’s death Paul Watkins acted for Executors of her estate and asked the NHS to review whether Mrs B should have been entitled to NHS continuing health care funding from entry into the care home. The NHS continuing healthcare Panel hearing took place in April 2013 and agreed that Mrs B’s estate should be reimbursed over £38,000.00.
It is important that the NHS are notified of any claims promptly as there are new time limits for bringing claims.
If you have any concerns about or family member or friend or would like further advice regarding NHS continuing health care please contact a member of our specialist team.