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Funding care fees as attorney

Guidance from Estate Advisory Group

Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026

Care funding is a sequence of assessments. Attorneys who go through them in order pay less.

The order to check

  1. NHS continuing healthcare — free, if health needs are primary.
  2. NHS-funded nursing care contribution, for nursing homes.
  3. Local authority funding, subject to the means test.
  4. Attendance allowance or pension credit where eligible.
  5. Self-funding, with a deferred payment agreement if the home is the main asset.

What attorneys must not do

Deprivation of assets

Giving away money or property to reduce a care assessment can be reversed and treated as still owned. It also breaches your duties as attorney.

See LPA and care fees planning for what legitimate planning looks like.

Paperwork to keep

  • Copies of every assessment and decision letter.
  • Care home contract signed as attorney, never personally.
  • Invoices, payment records and any top-up agreements.
  • Correspondence about continuing healthcare reviews.

Common questions

Can I appeal a continuing healthcare decision as attorney?

Yes. A Health & Welfare attorney can represent the donor throughout the assessment and appeal process.

Is a deferred payment agreement a good idea?

It can avoid a forced sale, with interest and charges applied. Compare it against selling, and record your reasoning.

Read next

Where this fits

This page is part of Money, tax and property. The pages below take it further.

Review and sources

Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.

Official sources

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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.

Published by Estate Advisory Group