Power of Attorney and Care Home Decisions

A health and welfare lasting power of attorney can give an attorney the authority to decide on a move into a care home, but only once the person who made it can no longer make that decision themselves. The property and financial affairs LPA is a separate document, and it is the one that covers paying the fees (gov.uk, as at July 2026, subject to change).

Care decisions and care costs sit in two different places, so it helps to keep them apart. This guide explains which LPA covers a care home move, when an attorney can actually step in, the best interests test that governs every decision, and how care fees planning fits without crossing into deliberately giving assets away. It forms part of our wider Lasting Power of Attorney Explained guide. Figures are current as at July 2026 and are subject to change.

Can an attorney decide on a care home?

Yes, where there is a registered health and welfare LPA, an attorney can make decisions about a care home move, medical care and life-sustaining treatment. This power can only be used once the person who made the LPA is unable to make the particular decision themselves, so it does not hand control over while they still have capacity (gov.uk, as at July 2026, subject to change).

Which power of attorney covers care?

There are two separate lasting powers of attorney, and care spans both. The health and welfare LPA covers the decision to move into a care home and the day-to-day and medical care that follows. The property and financial affairs LPA covers the money side, including paying fees, dealing with pensions and, where needed, selling a home (gov.uk, as at July 2026, subject to change). Many people choose to put both in place together.

Source: gov.uk/power-of-attorney, as at July 2026 and subject to change. A property and financial affairs LPA can be used as soon as it is registered with permission, while a health and welfare LPA can only be used once capacity is lost (gov.uk, as at July 2026, subject to change). See how the two documents differ in our note on ordinary and lasting powers of attorney.

The best interests test

An attorney cannot simply do as they see fit. Every decision made under a health and welfare LPA has to be made in the person's best interests under the Mental Capacity Act 2005, taking account of their past and present wishes, their beliefs and values, and the views of family and carers where practical (gov.uk, as at July 2026, subject to change). A care home move has to be weighed on that basis, not on what is easiest.

The attorney also has to support the person to take part as far as they can, and to choose the option that is least restrictive of their rights and freedoms. Where there is serious disagreement, the Office of the Public Guardian, an independent advocate or, for major decisions, the Court of Protection can be involved (gov.uk, as at July 2026, subject to change). These are duties, not suggestions, and they shape how a care decision can be made.

Care fees, assets and deprivation

A health and welfare LPA does not decide who pays for care. When someone moves into a care home, the local authority carries out a financial assessment, and how much a person contributes depends on their capital and income under the means test (gov.uk, as at July 2026, subject to change). Some people also qualify for fully funded NHS continuing healthcare where their needs are primarily health-related (nhs.uk, as at July 2026, subject to change).

This is where care fees planning has to stay on the right side of the line. Where a local authority decides that assets were given away or spent mainly to reduce a care contribution, it can treat the person as if they still owned them under the deprivation of assets rules, so deliberately moving money to avoid care fees can be challenged (gov.uk, as at July 2026, subject to change). An attorney's gifting powers are also limited. Because the rules on limiting and mitigating the impact of care fees are fact-sensitive, it can be worth discussing with a qualified professional before acting.

• Two separate questions. The health and welfare LPA covers the care decision; the means test decides funding.
• Deprivation of assets. Giving assets away mainly to reduce a care contribution can be treated as if still owned.
• Attorney limits. Gifts made under an LPA are restricted, and larger gifts may need Court of Protection approval.

Care decisions and attorneys in Scotland and Northern Ireland

The health and welfare LPA described here is a document of England and Wales, made under the Mental Capacity Act 2005 (gov.uk, as at July 2026, subject to change). Scotland uses a different framework, with welfare powers of attorney under the Adults with Incapacity (Scotland) Act 2000, registered with the Office of the Public Guardian (Scotland). Northern Ireland has its own arrangements, and enduring powers there do not extend to health and welfare in the same way. Where a person or a decision touches more than one UK nation, it can be worth taking local advice. For the wider picture, see our estate planning guide.

Frequently asked questions