Using an LPA when a parent moves into care
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
A care home move is the moment most families discover whether they have the authority they assumed they had.
What needs authority
| Task | Which LPA |
|---|---|
| Choosing the home | Health & Welfare |
| Signing the residency contract | Property & Financial Affairs |
| Local authority financial assessment | Property & Financial Affairs |
| Agreeing the care plan | Health & Welfare |
| Selling the family home to fund fees | Property & Financial Affairs |
| NHS continuing healthcare claim | Health & Welfare, with financial support |
This is the clearest case for having both LPAs — see do I need both types of LPA.
A practical sequence
- Register the LPA with the parent's bank so fees can be paid.
- Request a local authority needs and financial assessment.
- Check eligibility for NHS continuing healthcare.
- Read the residency contract carefully before signing as attorney.
- Keep every invoice and decision on file.
Where attorneys get caught out
Never sign in your own name as guarantor
Sign as attorney for the donor. Signing personally can make you liable for the fees yourself.
- Deliberately giving assets away to avoid fees can be treated as deprivation of assets.
- Top-up fees must come from the resident's funds unless a third party genuinely agrees to pay.
- Selling the home below market value invites OPG scrutiny.
Common questions
Can an attorney move a parent into a care home against their wishes?
A Health & Welfare attorney can make the decision when the donor lacks capacity, but must act in their best interests and consider their past wishes. Depriving someone of liberty needs separate authorisation.
Can I use the LPA to protect the house from care fees?
No. Attorneys cannot make gifts or transfers designed to avoid care fees. See LPA and care fees planning.
Read next
Where this fits
This page is part of Parents, couples and capacity. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- What an LPA costs in 2026
Our £49 and £79 prices, the £92 OPG registration fee, and solicitor comparisons.
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
Helping a parent or partner?
They make the decisions and sign, you can do all the paperwork. Start with the free capacity check.
The Office of the Public Guardian charges a separate £92 to register each LPA.
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