Advice

A relative with dementia is moving to a care home elsewhere in England – which local authority do I speak to?

Question:

My dad lives alone in another part of England and needs a care home, but I want him to move near me. Which local authority do I contact to arrange this?

Answer:

Whether you need to involve a local authority depends on your dad’s finances and who’s making decisions.

Making decisions

If your dad has mental capacity, where to move is his decision to make.

If he lacks capacity for this, then the decision must be made in your dad’s best interests. This should take account of his past, present and future wishes. He should still be involved as much as possible.

For you to make this decision, you’d need the legal power to act on his behalf.

In England, this is usually through a lasting power of attorney (LPA) for health and welfare. You’d also need an LPA for property and finance or deputyship to access his money to pay for care.

Accessible funds

Paying for dementia care is different in Wales, in Northern Ireland and in England.

Because your dad is in England, he’ll be considered a ‘self-funder’ if he has more than £23,250 in savings and assets.

If these funds are accessible, your dad’s move can be arranged directly with a care home that’s closer to you.

You don’t usually need to involve his local authority unless your dad lacks capacity and you don’t have the legal power to act on his behalf.

After he’s moved, if his funds then fall to £23,250, contact the local authority in his new area about future funding.

Tied-up funds

Some self-funders can’t access their funds because these are tied up in their home.

If that’s your dad, you can ask his current local authority for a ‘12-week property disregard’ and a ‘deferred payment agreement’ (DPA).

A 12-week property disregard means that, when the local authority assesses your dad’s finances, it will temporarily ignore the value of his home.

The DPA provides funding as a loan, which would be repaid to the local authority after his property is sold.

A DPA should be in place by the end of the 12-week disregard. These can be complex, so ask the local authority for advice. You can find information about DPAs at MoneyHelper.

Not self-funding

If your dad isn’t a self-funder, or if his savings and assets are only slightly over the limit, ask his current local authority for a care assessment and a financial assessment.

The authority must allow for care homes outside its area, provided the home has availability, can meet your dad’s needs, is within budget, and is willing to work with his current local authority.

If authorities disagree

If there’s a disagreement between local authorities about who is responsible for funding your dad’s care, they should resolve that between themselves.

If no local authority is already meeting a person’s needs, the authority where they currently live must take responsibility until the dispute is resolved. Care should not be delayed because of a funding dispute.