Choosing a care home as an attorney
Guidance from Estate Advisory Group
It is usually the hardest decision an attorney makes, and the one most likely to be questioned.
The order to do it in
- Ask the local authority for a needs assessment, and a carer's assessment if relevant.
- Explore care at home first — the least restrictive option is part of the legal test.
- Get a financial assessment; the money and the care decision are separate but linked.
- Visit shortlisted homes, and take the donor if at all possible.
- Record your decision, your reasons and who you consulted.
Best interests in practice
- Consider the donor's past wishes, religion, culture, language and relationships.
- Proximity to the people who visit usually matters more than the décor.
- Check the CQC report and ask about staff turnover.
- A trial period is a legitimate way to test a decision.
If the family disagrees
Deprivation of liberty
If the donor objects to the move and would be prevented from leaving, that is a deprivation of liberty. It needs authorisation — a DoLS authorisation in a care home, or a Court of Protection order. An LPA alone does not permit it.
Common questions
Can a financial attorney choose the care home?
No. They control the money; the placement is a welfare decision. Where the two attorneys differ, the Court can resolve it.
Who pays if there is no financial LPA?
The local authority may need to arrange care and a deputyship application may be required. See what happens without an LPA.
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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