How do I get power of attorney sorted now my parent is in a care home?

You can still apply for power of attorney if your parent has mental capacity. A solicitor will need to visit the care home to assess capacity and complete the application process.

What happens if my parent no longer has mental capacity?

If mental capacity has been lost, you cannot get power of attorney. Instead, you'll need to apply to become a deputy through the Court of Protection, which takes longer and costs more.

How long does power of attorney take to arrange in a care home?

The application process takes 12-16 weeks from submission to registration, but arranging the initial solicitor visit and capacity assessment can often be done within a few days.

Can care home staff witness the power of attorney documents?

Care home staff can act as one witness, but you'll need a second witness who isn't related to your parent or benefiting from their will. The solicitor will arrange appropriate witnesses.

How much does it cost to get power of attorney when someone is in care?

The application fee is u00a382 per power of attorney type, plus solicitor fees for the care home visit and capacity assessment, typically u00a3200-400 depending on complexity and location.

Power of attorney parent in care home | Getting it done

Getting power of attorney sorted when your parent is already in a care home is still possible, but only if they retain mental capacity to make this decision. You’ll need to act quickly and work with a solicitor who can assess capacity and complete the application process. This question matters because many families assume it’s too late once care home placement happens, but the window of opportunity depends entirely on your parents’ cognitive state rather than their living situation.

Understanding when it’s still possible

Mental capacity, not care home residence, determines whether your parent can still grant power of attorney. Your parent must understand what power of attorney means, who they’re appointing, and the consequences of this decision. Care homes often see residents at different stages of capacity, and a solicitor can assess whether your parent meets the legal threshold. The assessment looks at their ability to retain information, understand it, weigh up the decision, and communicate their choice.

A solicitor will typically visit the care home to make this assessment and explain the process directly to your parent.

This means timing matters more than location when it comes to securing these crucial legal protections.

The practical process in a care home setting

The application process requires coordination between you, your parent, a solicitor, and the care home staff. You’ll need to arrange a solicitor visit to the care home, ensuring your parent is alert and comfortable during the appointment. The solicitor will need to witness your parents’ signatures and arrange for a second witness. Most care homes are familiar with this process and can help schedule the visit during your parent’s best times of day for cognitive function.

The entire process typically takes 12-16 weeks from application to registration with the Office of the Public Guardian.

Having power of attorney in place protects both your parent’s interests and gives you legal authority to make necessary decisions about their care and finances.

What this means for you

Contact a solicitor who specialises in capacity assessments immediately. Don’t assume it’s too late just because your parent is in care. Ask the care home staff about your parent’s best times of day for mental clarity. If capacity has already been lost, you’ll need to apply for deputyship through the Court of Protection instead. Act quickly, as cognitive decline can happen rapidly.

See the full Stage 5 guide

Getting power of attorney when your parent is in a care home requires quick action and a professional assessment of their mental capacity. If they can still understand and make this decision, the process can proceed normally, with a solicitor’s visit to the care home. If capacity has been lost, you’ll need to explore deputyship as an alternative legal route. The key is not to delay the assessment, as cognitive abilities can change rapidly in care home residents.

Frequently asked questions

How do I get power of attorney sorted now that my parent is in a care home?: You can still apply for a power of attorney if your parent has mental capacity. A solicitor will need to visit the care home to assess capacity and complete the application process.
What happens if my parent no longer has mental capacity?: If mental capacity has been lost, you cannot get a power of attorney. Instead, you’ll need to apply to become a deputy through the Court of Protection, which takes longer and costs more.
How long does it take to arrange a power of attorney in a care home?: The application process takes 12-16 weeks from submission to registration, but arranging the initial solicitor visit and capacity assessment can often be done within a few days.
Can care home staff witness the power of attorney documents?: Care home staff can act as one witness, but you’ll need a second witness who isn’t related to your parent or benefiting from their will. The solicitor will arrange appropriate witnesses.
How much does it cost to get power of attorney when someone is in care?: The application fee is £82 per power of attorney type, plus solicitor fees for the care home visit and capacity assessment, typically £200-400 depending on complexity and location.