Do You Need Power of Attorney Before a Care Home? A Plain-English Guide
Power of Attorney only works if it’s set up before capacity is lost — leave it too late and families face a slower, costlier court process just to make care decisions. This guide covers which type of Power of Attorney you actually need for care home decisions, what it costs in 2026, and what happens if you don’t have one in place.
If you’re arranging care for a parent or partner and someone’s just mentioned Power of Attorney, there’s a good chance you’re hearing about it at the worst possible time — after capacity has already started to slip, not before.
That’s the trap most families fall into. Power of Attorney only works if it’s set up while the person needing care can still understand and agree to it. Once that window closes, you’re no longer filling in a form — you’re applying to a court, and that takes months you probably don’t have.
Here’s what Power of Attorney actually covers, which type matters for care home decisions, what it costs in 2026, and what your options are if you’ve left it too late.
What Power of Attorney Actually Is
A Lasting Power of Attorney (LPA) is a legal document that lets someone (the “donor”) appoint one or more trusted people (their “attorneys”) to make decisions on their behalf if they’re no longer able to make those decisions themselves.
There are two separate types, and this is where most people get caught out — having one does not mean you have the other:
Health and Welfare LPA. This is the one that matters for care. It gives the attorney authority to make decisions about daily routine, medical treatment, and — critically — where the person lives, including moving into a care home. Without this in place, nobody, not even a spouse or child, has automatic legal authority to decide on someone’s behalf that a care home move is the right course of action once that person can’t decide for themselves.
Property and Financial Affairs LPA. This covers bank accounts, bills, investments, and property — including selling a house to pay for care. This one can be used even while the donor still has capacity (with their permission), which makes it useful for managing care fees well before a crisis hits.
Most families need both. An LPA only for finances doesn’t give you any say over care arrangements, and vice versa.
What Happens If You Don’t Have One
This is the scenario that catches families out: a parent’s health declines quickly, a hospital says they’re not safe to go home, and a care home place needs sorting — but there’s no LPA, and by this point they no longer have the mental capacity to make or agree to one.
At that point, an LPA is no longer an option. The only route left is applying to the Court of Protection to be appointed as a deputy — either for property and financial affairs, for personal welfare, or both.
What that means in practice:
It’s slow. Deputyship applications typically take four to six months to be decided, longer if the case is contested or complicated. Accounts can freeze in the meantime. Banks won’t act on instructions from someone without legal authority, which can mean direct debits failing and care fees going unpaid while the application is processed.
It costs more than an LPA. As of 2026, the court application fee is £432, plus a £266 hearing fee and a £102 assessment fee — before any solicitor costs, which are common given how technical these applications are.
The court is deliberately cautious with welfare decisions. Under the Mental Capacity Act 2005, day-to-day care and living-arrangement decisions can often be made by family, carers, and professionals acting in the person’s best interests without a deputy at all — but this relies on agreement between everyone involved. Where there’s disagreement, or a genuinely major decision like a permanent care home move, a welfare deputyship may still be required, and courts don’t grant these lightly or quickly.
None of this is designed to be punitive — it exists to protect people who can no longer protect themselves. But it means the family loses the one thing they need most in a crisis: speed.
What It Costs and How Long It Takes to Set Up an LPA
Compared to deputyship, setting up an LPA while there’s still time is faster and considerably cheaper.
Registration fee: £92 per LPA with the Office of the Public Guardian (raised from £82 in November 2025). Most people need both types, so budget £184 total.
Reduced or waived fees: A 50% reduction is available if the donor’s gross annual income is under £12,000, and full exemption applies for those on certain means-tested benefits.
Solicitor fees, if used: Typically £300–£600 per LPA. Not compulsory — the government’s online service is designed to be done without one — but worth considering if the family situation is complicated or contested.
Processing time: Applications made through the online service currently take around 8–12 weeks. Paper applications are running at 20–25 weeks due to an ongoing backlog at the OPG. If you’re doing this ahead of a crisis, online is the faster route by a wide margin.
How to Set One Up
Choose attorneys. Usually a spouse, adult child, or trusted friend — more than one can be appointed, and you can specify whether they must act together or can act independently.
Complete the LPA forms for Health and Welfare, Property and Financial Affairs, or both, via gov.uk or with a solicitor.
Get it signed off by a certificate provider — an independent person confirming the donor understands what they’re signing and isn’t being pressured into it.
Register with the Office of the Public Guardian. An LPA cannot legally be used until it’s registered, even if all the paperwork is signed.
Keep certified copies with the donor, each attorney, and — once care starts — share a copy with the care home or care provider.
When to Actually Do This
The honest answer: before it’s needed, not when it’s needed. LPAs can only be set up while the donor has mental capacity to understand and consent to them. If you’re waiting for “the right moment” to raise it with a parent, the right moment is while they’re still well — not after a fall, a diagnosis, or a hospital admission forces the conversation. If dementia or another progressive condition is already part of the picture, that’s a reason to act sooner, not a reason it’s too late — but the window does close.
FAQs
Does a Health and Welfare LPA let me choose which care home my parent goes into? Yes — this is exactly what it’s designed for, provided the attorney is acting in the donor’s best interests. Without it, you can often still be involved informally, but you have no legal authority if there’s a dispute or a major decision needs making.
Can I set up an LPA once my parent already has dementia? It depends on capacity, not diagnosis. Many people in the early stages of dementia can still understand and consent to an LPA. A GP or solicitor can assess this. Once capacity is lost, an LPA is no longer possible and deputyship becomes the only route.
Is an old Enduring Power of Attorney (EPA) still valid? EPAs made before October 2007 are still valid for property and financial decisions if already signed, but no new EPAs can be created — anyone setting this up now needs an LPA. An EPA never covers health and welfare decisions.
Do I need a solicitor to set up an LPA? No. The gov.uk online service is built for individuals to complete without one. A solicitor is worth considering if the family situation is complex, contested, or if there are concerns about capacity.
Legal disclaimer: This article is for general guidance only and does not constitute legal advice. Rules, fees, and processing times can change — always check the current position on gov.uk or with a qualified solicitor before making decisions.
As the Company Director at Wiserr, I lead an innovative and impactful platform that provides information and advice on care and health services in local areas. We empower informed decisions and enhance the quality of life for thousands of users, and we are featured in over 3000 GP practices across the UK.
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