What happens if I need to go into a care home?

Should you require a higher level of care than can be provided for you in your own home, you and your family may decide that moving into a care home is the best option for you.

Moving into a care home does not affect your Lasting Power of Attorney (LPA), and you will not be assumed to have lost capacity as a result. However, in the event that you do lose capacity before moving to a care home, having an LPA in place is the best way of ensuring that your preferences are implemented regarding the type of care you receive and how it is financed.

Most available care home funding is means-tested, so if your assets are calculated to be above a certain threshold (usually including any property that you own), you will in most cases be expected to pay privately. The preferences section of your LPA allows you to suggest how you wish for your care to be funded, for example whether you want to sell or let your home, or to borrow funds against its value from Social Services. Any preference you state in your LPA will be evidence of what is in your best interest and therefore something your attorney(s) should take into account.

It is important to get professional, impartial advice to ensure that any preferences you outline in your LPA are suitable for your circumstances. A specialist solicitor can help you to explore your options for care financing, so that you can make a fully-informed decision about the financial choices you would like your attorneys to make on your behalf.