Author and Publication
Author: Ben Slater, Registered Social Worker, Founder and Managing Director of Nellie Supports
Reviewed by: Kerry Slater, Director of Operations
Last reviewed: 20 July 2026
Citation
1. Department of Health and Social Care (2022) National Framework for NHS Continuing Healthcare and NHS-funded Nursing Care. Available at: https://www.gov.uk/government/publications/national-framework-for-nhs-continuing-healthcare-and-nhs-funded-nursing-care
2. Parliamentary and Health Service Ombudsman. Making a complaint about the NHS in England. Available at: https://www.ombudsman.org.uk
3. R (Grogan) v Bexley NHS Care Trust and others [2006] EWHC 44 (Admin).
4. Mental Capacity Act 2005, c. 9. Available at: https://www.legislation.gov.uk/ukpga/2005/9/contents
Copywright
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This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms.
Abstract
This guide explains who can appeal an NHS Continuing Healthcare decision on another person's behalf. It covers the position where the person has capacity, the role of attorneys and deputies, family members acting as representatives, advocacy, the position after the person has died, and what documentation Integrated Care Boards typically require.
Who can appeal a CHC decision on someone else's behalf
Most NHS Continuing Healthcare challenges are brought by someone other than the person themselves. Knowing what authority is needed, and what is not, avoids a good deal of unnecessary obstruction.
Where the person has capacity
The person can appeal themselves, and can authorise someone else to act for them. A short signed letter confirming that a named person may act on their behalf and receive information is usually sufficient. No formal legal authority is required for that, and a Board asking for more where the person has capacity and has given consent is overreaching.
Attorneys under a lasting power of attorney
A registered attorney under a property and financial affairs or health and welfare lasting power of attorney can act within the scope of their authority. Provide a copy of the registered instrument. Boards generally accept a certified copy, and having it to hand at the outset avoids delay when correspondence needs to be shared.
Court appointed deputies
A deputy appointed by the Court of Protection can act within the terms of the order. Provide a copy of the order. Property and affairs deputies frequently pursue continuing healthcare matters because of the financial consequence, and that falls within the usual scope of such an appointment.
Family members without formal authority
In practice Boards routinely correspond with close family members acting as representatives, particularly where the person lacks capacity and there is no attorney or deputy. This is common and workable, though a Board may be more cautious about sharing detailed records. Where that becomes an obstacle, ask what it requires and consider whether an advocate would help.
Advocacy
Where the person lacks capacity and has nobody appropriate to represent them, an advocate should be considered. Advocates can support the person to express their views and can help ensure the process is properly explained. Ask specifically whether advocacy has been considered, since it is easily overlooked.
After the person has died
A challenge can be pursued after death, usually by the personal representative of the estate, since the issue becomes a financial one about care fees paid. Boards will normally want to see the grant of probate or letters of administration. This is a distinct situation with its own considerations, covered separately.
Key takeaway
A capacitous person can simply authorise someone in writing. Attorneys and deputies act within their authority and should provide the documentation. Family members frequently act without formal authority, and advocacy should be considered where there is nobody else.
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Frequently asked questions
Do I need a power of attorney to appeal for someone?
Not where the person has capacity and authorises you in writing. A short signed letter confirming you may act and receive information is usually enough, and a Board asking for more in that situation is overreaching.
Can a property and affairs attorney deal with CHC?
Yes, within the scope of the authority, and it is common because the issue has a direct financial consequence. Provide a copy of the registered instrument at the outset to avoid delay.
Can family act without any formal authority?
In practice Boards routinely correspond with close family acting as representatives, particularly where there is no attorney or deputy. A Board may be more cautious about sharing detailed records.
Related NHS Continuing Healthcare pages
These links take you to the most relevant Nellie Supports service page and to the supporting guides that explain the surrounding process.
Speak to an independent CHC specialist
Nellie Supports prepares independent needs evidence for NHS Continuing Healthcare assessments, reviews and appeals across England and Wales. Our reports are written by registered social workers on a permanent employed team, with internal peer review before release. Call 0333 987 5118 or send an enquiry and we will talk through where you are in the process.