Policy on dealing with service users’ property in care homes Ownership: Version: Approved by: Review date: Last updated: Revisions: Consultation: (on original document) Stephen Stace 2.0 CCMT on 20.10.06 SMT on 31.12.06 May 2017 May 2014 – policy reviewed, changes reflect changes in management structure, no changes to content Updates and new appendices. Updates to ownership to reflect current service structure. Service Manager Adult Social Care Provider Services Care home Unit Managers Day Centre Manager / Organisers Service Improvement Team Deputyship Finance Audit West Berkshire Council – care homes updated May 2014 Policy on dealing with service users’ property in care homes v2.0 Page 1 of 6 Scope This policy applies to the care homes only. Purpose This policy and procedures provides guidance to Managers and other staff within West Berkshire Council who are involved in dealing with the property of deceased service users, those who move elsewhere, and with any lost / found items Definitions ‘Property’ means all items of furniture and other possessions belonging to service users and any items held by the home, on behalf of the service user (i.e. money, jewellery). ‘Manager’ means the manager of the care home or their nominated senior. Principles and Standards 1. All property belonging to a deceased service user will be passed to the executor of will / next of kin / representative as soon as is practicable after the death of the person. 2. In normal circumstances the executor of will / next of kin / representative will be expected to clear the room of the deceased service user within one week of the death to enable the room to be offered to a new service user. 3. The executor of will / next of kin / representative will be clearly informed of this both at the time of admission and after the death of the person. 4. In circumstances where the executor of will / next of kin / representative is unable to clear the room the Manager reserves the right to clear the room and store the items until they can be collected. 5. If items are not collected after a period of 28 days the Manager will write to the executor of will / next of kin / representative to inform them that they will be disposing of the items within 5 working days and that any money received as part of this process will be deposited in the home’s Amenity fund. 6. The executor of will / next of kin / representative must sign the indemnity form (see Appendix A) in the presence of the Manager who will countersign the form before any item can be released. 7. By signing the form the executor of will / next of kin / representative is confirming that they are properly authorised to receive the property. 8. In the event of a dispute between family members regarding who is properly authorised the Manager will seek to determine who the items should be released to (i.e. by reference to the original care management assessment forms that names the appropriate person). 9. If this cannot be resolved the Manager will seek advice from WBC legal department and the Service Manager. West Berkshire Council – care homes updated May 2014 Policy on dealing with service users’ property in care homes v2.0 Page 2 of 6 10. No member of staff should agree with the executor of will / next of kin / representative that the home will keep items offered unless they can be incorporated into the home (examples are beds, cabinets, clothing, ornaments). The home is not to be used a repository for unwanted items as there is insufficient storage space. 11. All possible attempts will be made to locate the owner of items held in the safe without documentation or any items found within the building but procedures to dispose of them will be made after they have been held for 28 days or more. 12. When a placement is made permanent (normally at the six week review) the care manager must clarify the names of the executor of the will and the next of kin in accordance with the procedure on Care Planning in Care Homes. Procedures Property belonging to deceased service users 1. On the death of a service user the room must remain locked at all times until the room is cleared within 5 days. 2. The Manager must make a list of all property in the room belonging to the deceased service user as soon as possible. The list must describe items but give no indication as to the content or value of items i.e. describe as ‘wooden’ or ‘yellow metal’ rather than ‘oak’ or ‘gold’. Where an item is damaged this must also be noted i.e. ‘one chipped blue jug.’ 3. Where a service user had a number of ornaments it is acceptable to write ’10 china animals’ for example; rather than list each one. 4. The items can be listed on the ‘Indemnity Form – deceased service user’s property’ or on a separate list attached to the form. 5. Any property held in the safe must be included in the list and held in the safe until handed over to the executor of will / next of kin / representative. 6. When the property is handed over the list should be checked by the executor of will / next of kin / representative before they sign the indemnity form. The Manager must then countersign the form before releasing the property. 7. A copy of the form must be taken and held on the deceased service user’s file with the original being given to the executor of will / next of kin / representative. 8. Any property that is removed from the room by care home staff in order to release the room to the next service user must be held in a lockable store room, garage until the executor of will / next of kin / representative collect it or the home dispose of it. West Berkshire Council – care homes updated May 2014 Policy on dealing with service users’ property in care homes v2.0 Page 3 of 6 Property belonging to service users who move out of the home 1. Where a service user moves out of the home into another care home, care home with nursing or other accommodation, it is the responsibility of the executor of will / next of kin / representative to ensure that all property belonging to the service user is removed from the home. 2. This must be done as soon as the room is declared vacant. 3. The Manager will complete an Indemnity Form and ask the executor of will / next of kin / representative to check and sign the form for the property that is removed from the home. 4. Any item that is found in the home after the service user has moved must be sent on to the forwarding address without delay by the Manager. Items held in the safe without documentation and items found within the building 1. In all cases the Manager must consult with staff, service users and family to attempt to trace the owner of these items. 2. If an owner cannot be located the Manager must place a notice. prominently on the notice board using the agreed pro-forma for a period of 28 days- see Appendix B. 3. After this time the Manager will dispose of the items in the most appropriate way, following agreement with the Service Manager, and the proceeds placed in the home’s Amenity Fund. 4. If it is believed that an item may be of value then the Manager will arrange to have the item valued and arrange for its sale to ensure the best possible price is obtained. Items of value could be sold via an antiques shop / fair for example. 5. No member of staff should profit in any way from the disposal of items i.e. by purchasing them for themselves at a price lower than they have been valued at. 6. The Manager will then place a notice on the notice board to inform everyone of the amount of money collected and placed in the Amenity Fund. Documentation Appendix A Indemnity Form – deceased service user’s property Appendix B Pro-forma for lost / found items Other linked policies / procedures Admissions procedure to care homes Procedures for bringing pets into care homes Property & Finance Deputyship and Appointeeship Handbook West Berkshire Council – care homes updated May 2014 Policy on dealing with service users’ property in care homes v2.0 Page 4 of 6 APPENDIX A Care homes Indemnity Form – deceased service user’s property This form must be completed in the event of the death of a service user and must list all property held by the home on behalf of a service user. Once completed the next of kin / Executor must be asked to read through the list and check with the senior member of staff that the items handed over correspond with those on the list. The next of kin / Executor must sign the indemnity statement at the bottom of this form in the presence of the senior member of staff who must then countersign. The completed form must be held on the service user’s file and be available for audit or legal purposes if needed. List of items held. Indemnity Statement: Re:…………………………………………. Deceased. “ I confirm that I am the Executor of the Estate / Next of Kin and that I will / have arranged the funeral. In consideration of your releasing the deceased’s property, I covenant that I will indemnify West Berkshire Council and their employees from all actions, proceedings, costs, claims, demands, losses, damages or expenses which you or they may incur or sustain by reason and on account of releasing the property. Name: Address: Signed:………………………………………… Senior Staff Name: ………………………………….. Date: ………………………… Signature: ……………………… West Berkshire Council – care homes updated May 2014 Policy on dealing with service users’ property in care homes v2.0 Page 5 of 6 APPENDIX B NOTICE LOST AND FOUND ITEMS We are holding some personal items that we don’t know who they belong to. They are: ……………………………………………………………… ……………………………………………………………… ……………………………………………………………… ……………………………………………………………… If you know who they belong to please can you let one of the senior staff know so that they can be returned to the rightful owner. You will be asked to provide a description of the item to assist us. If no-one claims the items by ………………………… the Manager will dispose of them and any monies made by selling them will be deposited in the home’s Amenity Fund so that all service users can benefit. Thank You West Berkshire Council – care homes updated May 2014 Policy on dealing with service users’ property in care homes v2.0 Page 6 of 6
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