Resisting pressure to accept contract for friend

Curtly is in his 70s and lives in a care home. He has mental health issues and his care is funded by the NHS. Curtly is single and doesn’t have any family to support him with his care planning. His friend Sonia – also in her 70s – assists Curtly informally, such as contacting his GP for him when needed.  

Curtly’s social worker persuaded Sonia to support him more formally as an appointee, asking her to open a bank account in her own name into which Curtly’s social security benefits could be paid. Sonia was comfortable to support her friend in this way.  

When Curtly’s eligibility for NHS funding ended, he was not entitled to local authority funding due to the benefits that had accrued in the bank account. Curtly therefore had to pay his own care home fees in full, but due to his mental health issues he could not agree to the contract terms. The care home manager and the local authority put pressure on Sonia to sign the contract on Curtly’s behalf. Sonia did not want to act in this formal capacity for her friend and was reluctant to sign. 

Sonia called the Care Rights UK adviceline for some support. The adviser reassured Sonia that she had no lawful obligation to sign the contract and encouraged her to stress this to the care home manager and social worker. The adviser explained to Sonia that, under the Care Act (in England), the local authority had the duty and power in this situation to make the arrangements with Curtly’s care home.  

One week later, Sonia called Care Rights UK again to let us know that Curtly’s social worker had contacted the care home manager and sorted things out, and that the local authority were taking over the issue from then on. 

Sonia had spent three days on the phone to other organisations trying to get support on this issue. She said that she felt empowered after taking to Care Rights UK: 

“Oh, I could kiss you, I really could. You have been amazing and I can’t thank you enough.”