Choice Blog

Small Print- Big Deal

Don't forget the small print is a saying many of us are familiar with.

But how many of us follow the advice?

The need to pay attention to what's written in a contract came to light recently as The Daily Mail featured heartbreaking tales of elderly people being evicted following disputes over fees. A family also spoke of their ordeal after assuming a deposit their mother had paid when she went to a home would be enough to cover her funeral after she passed away. However, the money was withheld as they were charged for a "notice period" after her death.

Unfortunately, families who have already had to make the difficult decision to seek help to care for their loved ones are often in a vulnerable position and many don't read the contracts at all.

But without reading the terms and conditions, families are signing contracts blindly and are often unaware of the extent of the fees they could be liable to pay. We've come up with a few things you need to consider.

Can you afford the care?

If you or your relative is funding the care, it is important you understand how much you will be liable to pay, whether there are additional charges and when payments have to be made. Ask for a breakdown of fees and consider additional or unexpected charges. If you cannot afford the fees, you may be eligible for local authority and/or NHS support.

Read the T&Cs

Be sure to read the contract carefully and understand it. Ask the care provider to explain terms you don't understand and if in doubt, instruct a solicitor to advise you. Many people are surprised at how little it costs for a solicitor to look over a contract for them. Depending on the complexity of the document, we can provide a fixed fee service o review it and provide initial advice.

Ask lots of questions

Do I need a deposit? What is included in the care package? If you cannot find the answers in the contract, ask the care home provider to direct you to the relevant clause.

If in doubt, do not sign

If you are unhappy with the terms, do not sign the contract. Discuss your concerns with the care home provider. they may be willing to amend the contract. Alternatively, try to find another care home with terms that better suit your situation.

Get advice

If you already signed the contract and are encountering problems, get advice as soon as possible. It may be that a term is unfair and is not legally binding or you have grounds to raise a formal complaint to the care provider, ombudsman or trading standards.

Carys Strong is a solicitor in the dispute resolution team