My relative has been told to move in to care? – What do I do?

Help?!  Social Services have advised my relative is to move in to care?  What is the process and what should I do?

Unfortunately, with an ageing population, this scenario becomes all too much of a reality for many families and the process and information gleaned can be very confusing.  We all like to think that we are invincible, and these things will never happen to us, but it does for many.

Plan Ahead?

If your relative has been savvy and planned ahead, it can make the whole process much easier to deal with.  It may be that your relative has had the forethought to make a Lasting Power of Attorney (or Enduring Power of Attorney if before 2007).  A Power of Attorney means that they will have appointed people that they trust to make decisions for them, whether it be for property and finances or health and welfare, as well.

Look amongst their papers and see if you can find the Power of Attorney.  If they have, present the document to the Social Worker or whoever is dealing with things, and this will give the Attorney the power to make decisions for their relative, should they need them to.

Alternatively, if you cannot find the Power of Attorney, you could conduct a search at the Office of the Public Guardian for the Power, by paying a small fee to search the register.

My relative did not plan ahead?

If your relative did not make a Lasting Power of Attorney or Enduring Power of Attorney, then this may make the situation more difficult.  The Social worker may advise you to make an application to the Court of Protection to get appointed as your relative’s deputy.  Please see our articles on Court of Protection.

What steps are taken to place my relative in to care?

Normally in this situation, your relative will probably have found themselves in hospital.  Whilst in hospital, the condition that they may have may be suggestive that they cannot safely return home, without help and assistance.  Many elderly people live on their own, and therefore the hospital staff may deem it unsafe for them to return home.

The hospital staff in conjunction with Social Services will hold a best interests meeting, to discuss discharge from hospital to decide whether the person is safe to return home alone, whether they would be safe to return home but only with a care and support package in place or whether they are unsafe and need to go in to full time care temporarily or permanently.  At this meeting you can be present, as you may be able to give some insightful information to the panel that is deciding the best course of action for your relative.  The professionals need to ensure that your relative is safe and that their care needs are going to be met.  If you can provide the care, assistance and support to your relative then you can put this forward, but ultimately the panel will decide what is best for your relative based on the circumstances.

The NHS and Local Authority usually only look at permanent care in a care home, as a last resort, they will consider other options first.

My relative is being sent home and I don’t think it is safe?

Often relatives will think that the panels decision to send a person home, is unsafe and unwise.  You can make your representations known to the panel, but as full time permanent care is a last resort, often the panel will decide to send your relative home with a care and support package.  If they do this, it does not mean that they will be left and that is it, Social Services have a duty and responsibility to keep the care package under review.  If they deem that the care package is adequate and meets your relative’s needs, then they will make it a permanent arrangement.  However, if it becomes clear that it does not meet your relative’s needs, then they will reassess and see what other options there are, either more care and support in the package or moving to a care setting.

If you have any concerns about your relative’s care whether at the beginning of the care package or later on, then you must voice your concerns with Social Services who will complete a needs assessment and look at the level of care that your relative is receiving and changing it accordingly, if needed.

We want to care for our relative, how can we make that happen?

Many people want to care for their relative, but this is not an easy job.  You must consider all outcomes to this route.  It can be very rewarding morally and emotionally, but it can also be a great strain on many mentally as well as physically.  You have to seriously consider if you have the strength both physically and mentally, to cope with the daily stresses of looking after your relative, not only now, but also as they deteriorate.  Could you cope with double incontinence issues, bathing, dressing, hoisting and dealing with repeating conversations and possible aggression from your relative.  When you become a full-time carer, you become just that!  And this may harm your actual familial relationship, as you are no longer the son or daughter, you are the carer and your relationship can become lost.  For many this can be a step too far.

If you do decide to take on the role as carer, how is this going to impact you and your family financially?  If you can get carers allowance, it does not pay too much and there are many restrictions as with all DWP benefits.  Many family carers do it for free, due to the restrictions.

Also, when you are acting under a Lasting Power of Attorney or Court of Protection Order, there could be a conflict of interest, and you would need to gain Court approval to have any kind of family care payments paid to you.  It is always best to get professional advice, or even have a professional act in the capacity of Deputy so to ensure you do not fall foul of the law and get yourself in trouble for an innocent mistake.  As the motto goes, “ignorance is not a defence”.

It is best to think very carefully about providing care to a family member, as you need to ensure that you are prepared and have the requisite skills and strengths to cope with this type of work.

If you do feel that you can manage the responsibility and financial pressures, then great!  You can present your plan to the panel and as long as you have thought of all eventualities, such as what happens if you are ill or need a holiday or break and shown that it is in your family members best interests, they should consider your proposal carefully.  But you have to make sure that it is in your family members best interests that you care for them, and not an outside agency or care company.

It has been decided that my relative should move to full time permanent care?

If it is decided that it is in your relatives’ best interests to move in to full time residential care, then Social Services have 12 weeks to complete a financial assessment, if it is found that the primary need for care is not medical and therefore does not attract NHS funding.

The Social Worker will ask you to provide capital and income details for your relative, which will include taking into consideration any property that your relative may own.  Although the house they live in will be disregarded for 12 weeks, it will be considered within the assessment if the house is empty or if no relative lives at the property that is under 16 years of age or over 65 years of age.

Once the Social worker has conducted the financial assessment, they will provide you with the details of whether your relative will be fully self-funded or partially funded by the Local Authority (if they own assets totalling less then £23,250).

At this point if your relative does not have a valid Lasting Power of Attorney, and they are considered to be self-funded then you will need to make a Court of Protection application to have a Deputy appointed.  See our other articles on Court of Protection.

I need more help!

If you need more help on your situation or just require Andrew Isaacs Law Ltd to make a Court of Protection application, then please contact our Court of Protection team on 01302 349480.

Qaiser Ahmed – Court of Protection Solicitor

Article dated 13/10/25