Legal & rights guides

In short: the most important legal step is a lasting power of attorney, made while the person can still make it. After that, know your rights in a care home, read any contract before signing, and know how to complain. This page brings together our guides on the legal side of care, which sit in the topic guides below.

Making decisions for someone else

A lasting power of attorney lets someone choose people they trust to make decisions about their money and property, or their health and welfare, if they can no longer decide for themselves. It must be made while they still have mental capacity. If someone's care in a care home or hospital amounts to a deprivation of their liberty, the Deprivation of Liberty Safeguards make sure it is lawful and in their best interests. The legal test for this changed in June 2026.

Rights in a care home

Care home residents have the right to dignity, respect and a say in their care. Read the contract before signing, and if something goes wrong, raise it with the home first, then use its complaints procedure.

Having your say

If someone finds it hard to take part in decisions about their care and has no one suitable to help, the council may have to arrange an independent advocate to support them. Everyone providing care has a duty of care to the people they look after.

Money, property and the law

Gifts and trusts set up to avoid care fees can be treated by the council as "deprivation of assets", so take independent legal advice first.

Planning for the end of life

Official information

Last reviewed 13 October 2026 by the AskBart editorial team. Figures and thresholds are checked against the sources on the methodology page when a hub is updated.

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