Case Study – Care Homes
[restrict]
Question – I work in Environmental Health at a district council and we have arranged various public health funerals over the years. However, I have never had to arrange one for someone who has passed away in a care home.
If a person dies in a care home and they have no next of kin/funds for a funeral and their care is funded by Social Services (at the County Council) or the NHS then who is responsible for organising/paying for the funeral?
The district council or County Council/NHS (depending on who is paying for the care)
Answer – Ultimately the responsibility falls on the authority with the statutory duty to provide a funeral under Sec 46 of the Public Health (Control of Diseases) Act 1984, so it would look like you have the responsibility of providing the funeral if the person died in your area.
However, if finances are managed by the Care Home then they can make arrangements (if they wish), provided they hold sufficient funds to pay for the funeral. This will include registering the death as well.
If the finances are managed by a Deputyship Team in a County/Unitary authority, then they will sometimes take responsibility for their client, though they have no legal obligation. They may have already purchased a pre-paid funeral plan for the client (so always worth checking) as this is often seen as good practice. Again, the same would also apply to a solicitor who may have been acting under an LPA or Deputyship. Yes, their responsibility technically ends if a client dies but they make take on responsibility to ensure loose ends are tied up. [/restrict]