Contractual implications of mental incapacity of care home residents
By IRENE THOMAS, solicitor in the health and care sector group at Blake Lapthorn
The issues associated with providing care to care home residents who lack mental capacity are far ranging. The value of the care provider’s business is ultimately affected by the contracts with residents and how these contracts are administered. In circumstances where a resident lacks mental capacity and has unpaid fees, the question remains as to who is liable and what is the most appropriate course of action.
Types of arrangements