BSG: Social welfare office does not always have to pay open nursing home costs
Social welfare does not always have to pay for uncovered nursing home costs. If a grandson, as the caregiver of his dementia grandmother, has put his pension in his own pocket, the home operator cannot subsequently claim unpaid home costs from the social welfare office, ruled on Friday, May 12, 2017, the Federal Social Court (BSG) in Kassel (ref .: B 8 SO 23/15 R).
In the specific case, it was about uncovered nursing home costs of 942 euros for a woman with dementia. Her grandson initially worked for her as a caregiver and also regulated her financial transactions. But he also used himself the pension payments that went into her checking account. There was a big minus on the woman's account. The home costs could no longer be fully covered.
The district court finally certified the grandson that he was "personally unsuitable for the management of the supervisory office". A new supervisor was appointed.
After the woman's death in January 2010, the institution of the old people's and nursing home applied retrospectively to the responsible social welfare office to cover the still open home costs.
The authority refused. As a social welfare institution, one is only obliged to assume the costs for the currently occupied living space. Part of the home costs were also covered. However, the long-term care allowance received, social care insurance benefits and the woman's pension income were taken into account.
The BSG ruled that the home institution cannot retrospectively demand coverage of the open home costs. Even if the woman's checking account was in the red and the grandson used the pension income for his own purposes, this does not justify the social security institution's obligation to pay. The deceased, and with it the plaintiff, must have the grandson's unfaithful conduct as an authorized representative. The general public is not obliged here. fle / mwo