Care Home Contract Review – Expert Legal Advice for Attorneys and Deputies
Moving into a care home is a significant decision. And when you're asked to sign a contract on behalf of your loved one, without the legal authority to do so—the stakes are even higher.
Care home contracts are designed to protect the care home, not the resident. It's extremely common for relatives to be asked to sign contracts where they have no power of attorney, which makes them personally and financially responsible for any costs due under the contract.
If you're an attorney or deputy, it's essential to seek legal advice before signing. Our specialist solicitor will review the contract, identify unfair terms, and advise on what should be negotiated—so you can protect both your loved one's interests and your own position.
Care Home Contract Reviw - £450.00+ VAT
What's Included in Your Care Home Contract Review
What’s Included in Your Care Home Contract Review
Our Care Home Contract Advice is a comprehensive review by our SRA-registered specialist solicitor, who has over 10 years’ experience managing care funding, deputyships, and legal obligations under the Mental Capacity Act 2005 and Care Act 2014.
What You’ll Get:
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Full review of the care home contract by our specialist solicitor
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Identification of unfair, one-sided, or problematic terms
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Plain English explanation of your legal obligations and liabilities
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Clear recommendations on what should be amended or negotiated
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Follow-up email setting out key findings and next steps
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Guidance on your position as attorney or deputy under the contract
How it works:
Send us a copy of the contract (PDF or scanned document). Our solicitor will review it thoroughly and provide written feedback within 5 working days, with a follow-up email summarizing recommendations for negotiation or amendment.
Price: £450 + VAT
Note for attorneys and deputies: You can pay for this review using your loved one’s funds—this is a legitimate expense under your duties as attorney or deputy, as you’re seeking professional advice to protect their interests.
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Why Care Home Contracts Are So Risky
Care home contracts are legal documents designed to protect the care home's interests, not yours or your loved one's. Here's what makes them problematic:
Common Issues:
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Unlimited liability: Many contracts make the signatory personally responsible for ALL costs, even if they have no legal authority to sign.
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Unfair payment terms: Contracts often include clauses requiring payment in advance, penalties for early discharge, or charges for services not provided.
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Lack of capacity assessment: Relatives are frequently asked to sign on behalf of residents without any evidence that the resident lacks capacity to sign themselves.
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No power of attorney: If you don't have a Lasting Power of Attorney (LPA) or deputyship order, signing the contract makes you liable—not the person you're representing.
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Ambiguous terms: Vague language about "additional charges," "care adjustments," or "specialist services" can lead to unexpected bills.
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Unilateral changes: Some contracts allow the care home to change terms unilaterally, leaving you exposed to cost increases with no recourse.
The Consequence: If you sign a contract without the legal authority to do so, you become personally liable for the entire care bill. If the care home goes bust, you could be pursued for outstanding fees. If disputes arise, you're the defendant—not the care home.
Understanding Your Legal Position
Your Legal Position as an Attorney or Deputy
If you're an attorney under a Lasting Power of Attorney or a court-appointed deputy, you have specific legal responsibilities—and specific legal protections. But care home contracts often ignore both.
Key Points:
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You must act in their best interests. Under the Mental Capacity Act 2005, any decision you make must be in the person's best interests, not yours or the care home's.
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You can only sign if you have legal authority. If you don't have a Property and Financial Affairs LPA or a deputyship order that covers care home fees, you have no legal right to sign the contract.
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Signing without authority makes you liable. If you sign without legal authority, you become personally responsible for the entire bill—even if the care home is at fault for poor care or overcharging.
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The care home must assess capacity. The care home should assess whether the resident has capacity to sign the contract themselves. If they do, the resident should sign, not you.
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You can negotiate unfair terms. As an attorney or deputy, you have the right to challenge unfair terms and negotiate amendments before signing.
Why Care Home Contracts Are So Tricky
Care home contracts sit at the intersection of three complex areas: the Mental Capacity Act 2005, the Care Act 2014, and contract law. The problem is, they don't give you clear answers to the situations you're actually facing.
Can you sign a contract if the care home hasn't assessed your loved one's capacity? What happens if the contract includes terms that conflict with your duties as an attorney? If the care home is overcharging, can you refuse to pay? Can you negotiate a lower fee if your loved one's needs change?
These are nuanced legal questions, and getting them wrong can have serious consequences—including personal liability, disputes with the care home, challenges from family members, or investigations by the Office of the Public Guardian or Court of Protection. The stakes are real. A poorly drafted contract or a signature without proper legal authority can leave you personally liable for thousands of pounds. A failure to negotiate unfair terms can lock your loved one into a contract that doesn't reflect their actual needs or their ability to pay. This is where expert legal advice is essential. Our Care Home Contract Review gives you clear, confident guidance on your specific situation, so you can protect your loved one's interests and your own position without fear of making costly mistakes.
You're Already Doing Enough.
Can you sign without a power of attorney? Should you negotiate the fees? What happens if the contract includes unfair terms? The Mental Capacity Act and Care Act set a framework, but they don't give you straight answers, and getting it wrong can have serious consequences.
Our Care Home Contract Review is a comprehensive assessment by a specialist solicitor who's spent over a decade managing these exact situations. You'll get clear, practical guidance on your legal position, your obligations, and what should be negotiated before you sign. In plain English. So you can act with confidence and protect both your loved one's interests and your own position.
Why Choose Nellie Supports to review your care home contract
Our solicitor has over a decade of hands-on experience negotiating care home contracts, managing care funding disputes, and acting as a professional deputy. You're getting advice from someone who has navigated these exact situations—not just theoretical legal knowledge—backed by a multidisciplinary team of social workers and psychologists who understand the full picture.
Care home contracts are complicated enough. We explain everything in clear, straightforward language so you understand your obligations, your risks, what's negotiable, and what's non-negotiable—without confusion or legal speak.
We're not tied to care homes, Local Authorities, or financial institutions. Our only interest is protecting your loved one's interests and your position as their attorney or deputy. We'll tell you honestly what's fair and what's not.
£450 + VAT for a full contract review. No surprises, no unexpected charges. You know exactly what you're paying and what you're getting.
As you're seeking this advice in your capacity as attorney or deputy, you can pay for this review using your loved one's funds—this is a legitimate expense under your duties as attorney or deputy.
We also provide mental capacity assessments for a variety of decisions including COP3 assessments and LPA capacity assessments. For complex cases, our advanced mental capacity assessment service provides comprehensive support. If you need assistance with NHS Continuing Healthcare appeals or care funding disputes, we can help
Expert Insights on
Care Funding
Explore our articles on care funding, deprivation of assets, financial assessments, and the Care Act 2014, with practical guidance, real-world examples, and expert insights. Written to help families, attorneys, and deputies navigate complex decisions with confidence.
Your Care Funding Questions Answered
Yes. If you have concerns about the contract terms, you have the right to refuse to sign until those concerns are addressed. However, the care home may refuse to admit your loved one until the contract is signed. If this happens, seek legal advice immediately—it may be a breach of their duty of care or discrimination. You can also ask the Local Authority for support if the care home is being unreasonable.
Do not sign. If you sign without legal authority, you become personally liable for the entire care bill. Contact the care home and explain that you need to obtain a Lasting Power of Attorney or deputyship order before you can sign. If the care home refuses to wait or pressures you to sign anyway, this is a red flag—seek legal advice immediately.
Only if you sign the contract. If you have legal authority (LPA or deputyship) and sign on behalf of your loved one, the liability rests with the estate—not with you personally. However, if you sign without legal authority, you become personally liable for the entire bill. This is why it's essential to seek legal advice before signing.
This is an unfair term and should be negotiated. As an attorney, your liability is limited to the assets in the estate. The contract should reflect this. Our solicitor can advise on what's reasonable and help you negotiate amendments before you sign.
Some contracts allow unilateral changes by the care home. This is problematic and should be amended before signing. Any changes to fees, services, or terms should require written agreement from both parties. If the care home tries to change the contract unilaterally after you've signed, you have the right to challenge this and may have grounds to terminate the contract.
Unfair terms include: unlimited personal liability, unilateral fee increases without notice, charges for services not provided, penalties for early discharge that are disproportionate, vague language about "additional charges," or terms that conflict with your duties as an attorney or deputy under the Mental Capacity Act. Our solicitor can identify these and advise on what should be negotiated.
If you believe the care home is overcharging or charging for services not provided, you have the right to challenge the bill. Our solicitor can review the contract and advise on your options, which may include negotiating a refund, disputing the charge, escalating to the Local Authority, or making a complaint to the Care Quality Commission (CQC).
Yes. Care home fees are often negotiable, especially if your loved one's needs are different from what the standard contract assumes, or if there are financial constraints. Our solicitor can advise on what's reasonable to negotiate based on the contract terms and your loved one's circumstances.
This is a red flag. You have the right to review any contract before signing. If the care home refuses to provide the contract in advance or pressures you to sign without reviewing it, do not sign. Contact the Local Authority or seek legal advice immediately. A reputable care home will always allow time for review.
This depends on the contract terms. Most contracts include a notice period (typically 28 days). However, if the care home is providing poor care, breaching the contract, or the terms are fundamentally unfair, you may have grounds to terminate without penalty. Our solicitor can advise on your position and whether you have a valid reason to exit the contract.
Before. Once you've signed, your options are limited. It's much easier to negotiate amendments before signing than to challenge unfair terms after the fact. If your loved one has already moved in and you're concerned about the contract, seek legal advice immediately—there may still be grounds to challenge or renegotiate.
You don't need to prepare anything in advance, but it's helpful to have: the care home contract itself, any correspondence from the care home about fees or services, details of your loved one's savings, property, and assets, information about any gifts or transfers made in recent years, copies of your Lasting Power of Attorney or deputyship order (if applicable), and any previous care assessments or care plans. Our solicitor will guide you through what's relevant during the review.
Our Care Home Contract Review focuses specifically on reviewing and negotiating the care home contract, identifying unfair terms, and advising on your legal position as a signatory.
Our Attorney & Deputy Consultation is broader and covers your general duties and responsibilities as an attorney or deputy—including gifting, property decisions, investments, and legal obligations under the Mental Capacity Act 2005.