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Grandson put pension for dementia grandma in his own pocket
Social assistance does not always have to cover uncovered care costs. If a grandson as supervisor of his dementia grandmother put their pension into his own pocket, the home operator can not subsequently demand unpaid home costs from the social welfare office, ruled on Friday, May 12, 2017, the Federal Social Court (BSG) in Kassel (Az .: B 8 Sun 23/15 R).
In the specific case it was about uncovered nursing home costs in the amount of 942 euros for a woman with dementia. Her grandson was initially employed for her as a supervisor and also regulated her monetary affairs. But of the pension payments that went into her checking account, he also used himself. It came to a big minus on the account of the woman. The home costs could not be fully covered.
(Image: Ocskay Mark / fotolia.com) The district court finally confirmed that the grandson was "unfit for personal guidance". A new caregiver was used.
After the death of the woman in January 2010, the institution of the old people's home and nursing home applied retroactively to the responsible social welfare office for the assumption of the outstanding home costs.
The authority refused. As a welfare provider one is only obliged to pay the costs for the currently inhabited living space. Also one has taken over a part of the home costs. However, the surviving care allowance, benefits of the social nursing care insurance and the pension income of the woman were taken into account.
The BSG ruled that the home carrier can not retroactively claim the cover of the open home costs. Even if the current account of the woman was in the minus and the grandson has used the pension income for their own purposes, this does not justify the payment obligation of the social assistance provider. The deceased and thus also the plaintive institution must be attributed the bad faith behavior of the grandson as a proxy. The general public is not here in the duty. fle / mwo