Nursing and residential care contracts


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Private Client expert
Practice notes

Nursing and residential care contracts


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Private Client expert

Practice notes
imgtext

When entering a care home, the future relationship between the new resident and the administrators of the home should be governed by the Terms of a Contract between them. If the resident is self-funded, this is particularly important. Unfortunately, if they are not self-funded and are relying on Local authority-funded accommodation, they will not be a party to the contract, though they will still be entitled to see a statement of terms and conditions.

There are two elements that the prACTitioner should consider:

  1. •

    whether the contract covers all relevant areas

  2. •

    whether any term can be considered unfair

The contract

After many years' concern over the quality of care homes, the Care Standards Act 2000 (CSA 2000) modernised the regulatory system for care services and independent health care.

In particular, National Minimum Standards, which apply to all care homes providing accommodation and nursing or personal care, were introduced as a result of CSA 2000 by the appropriate minister. These are amended and/or added to as circumstances warrant after consultation with relevant persons. For the National

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Contract definition
What does Contract mean?

A contract is a legally binding promise (oral or in writing) by one person to fulfil an obligation to another person in return for consideration. A binding contract comprises four elements: offer, acceptance, consideration and intention to create legal relations.

Read more

Popular documents

Capacity to make gifts, settle property and contract

Capacity to make gifts, settle property and contractMental capacity is the ability to perform a specific juristic act by understanding and making a decision to do something that has legal consequences such as to make a Will, a power of attorney or a gift or to provide consent for something. Lack of

Mental capacity—an introduction

Mental capacity—an introductionSolicitors must consider the mental capacity of their clients in everything they do. The consideration of such capacity will occur where:•there is a question as to whether a person lacks the ability to make a decision, which can range from getting married to accepting

Letter to GP requesting assessment of capacity to make a Will

Letter to GP requesting assessment of capacity to make a Will[insert name and address of GP][insert date]Dear Dr [insert name of GP][insert full name, address and date of birth of client]I have been consulted by [insert name] who I understand to be your patient. [He OR She]  has requested that I

If an appointee dies, what is the status of money which the appointee holds for a person who is mentally

If an appointee dies, what is the status of money which the appointee holds for a person who is mentally incapable?The role of an appointee is to deal with the benefits of someone who cannot manage their own affairs due to mental incapacity or severe disability. See: Become an appointee for someone