17 terms covered — Care Plan · Care Quality Commission · Continuing Healthcare · Court of Protection · Capital Limits · Deferred Payment Agreement · Deprivation of Assets · Deprivation of Liberty Safeguards · Funded Nursing Care · Lasting Power of Attorney · Mental Capacity Act · Needs Assessment · Ordinary Residence · Safeguarding · Section 117 Aftercare · Self-Funder · Top-Up Fee
C
A package of care arranged and paid for entirely by the NHS — not the council — for adults whose primary need is a health need rather than a social care need. It is not means-tested, so savings and property are irrelevant to eligibility.
Why it matters to you
If your relative qualifies, all care costs are covered by the NHS regardless of what they own or have saved. A care home placement, or care at home, can be fully funded. This can represent tens of thousands of pounds per year.
What to do
Ask for a CHC checklist screening before any financial arrangements are agreed — in hospital, at home, or before a care home placement. If the checklist is positive, a full multidisciplinary team assessment follows. If refused and you believe the needs qualify, you have the right to request an independent review. The organisation Beacon offers up to 90 minutes of free advice on CHC assessments — call 0345 548 0300.
The independent regulator of health and social care in England. Every care home must be registered with the CQC and is inspected on a regular basis. Inspection reports and ratings are published publicly and are free to access.
Why it matters to you
The CQC rating — Outstanding, Good, Requires Improvement, or Inadequate — gives you an independent view of how a home is performing. Always check the most recent report before visiting a home, not just the headline rating.
What to do
Search any care home on the CQC website to read their full inspection report. Look at the date of the last inspection — a Good rating from four years ago may not reflect the home today.
A specialist court that makes decisions about the financial affairs, health, and welfare of people who lack the mental capacity to make those decisions themselves. It can appoint a deputy — a person authorised to act on someone's behalf — when no Lasting Power of Attorney is in place. There are two types of deputyship: Property and Financial Affairs, and Personal Welfare. Each requires a separate application. The application fee is £421. The process typically takes six months or more, and less than one in three applications is approved without complication.
Why it matters to you
If your relative loses mental capacity and there is no LPA in place, this is the only route to gaining legal authority to manage their finances or make care decisions on their behalf. It is slower, more expensive, and far more uncertain than an LPA. Banks, care homes, and councils cannot deal with you without legal authority — without an LPA or deputyship, you may be unable to access funds to pay for care, sell a property, or change care arrangements.
What to do
If your relative still has capacity, apply for an LPA immediately — do not wait. If capacity has already been lost, begin the deputyship application as soon as possible. Forms are available on GOV.UK. The Court of Protection can be contacted at 0300 456 4600. If you need to make a single urgent decision rather than ongoing management, a one-off court order may be an option. A solicitor experienced in Court of Protection work is advisable for complex estates.
A written document that sets out exactly what care and support a person needs, how it will be delivered, who is responsible for each element, and what the person's own preferences and wishes are. A care plan is legally required under the Care Act 2014 for anyone receiving council-funded care. Care homes are also required under CQC regulations to create and maintain individual care plans for every resident, whether council-funded or self-funding.
Why it matters to you
The care plan is the legal basis for the care being delivered. If the care your relative receives does not match what is written in the plan, that is a formal failure — not a matter of opinion. The person receiving care, and their representative, have the right to be involved in creating the plan and to receive a copy of it. A care plan that is vague, out of date, or doesn't reflect the person's actual needs is a legitimate ground for complaint to the care home, the council, and the CQC.
What to do
Ask for a copy of the care plan when your relative moves into a home — before care starts if possible. Read it carefully. If it does not reflect your relative's actual needs, preferences, or daily routine, raise this in writing with the care home manager. The plan must be reviewed regularly; ask how often this happens and request to be involved in reviews. If you have concerns about the quality of the plan, you can raise them with the CQC via their website.
D
A scheme run by the local council that allows someone moving into a care home to delay paying their care fees by using the value of their property as security. The council effectively lends the money and is repaid when the property is eventually sold.
Why it matters to you
If your relative owns a property, it will normally be counted in the financial assessment for care funding — potentially making them a self-funder even if they have limited savings. A deferred payment agreement means they do not have to sell the family home immediately to pay for care.
What to do
Ask the council about a deferred payment agreement during the financial assessment. You are entitled to ask for one if your relative meets the qualifying conditions. The council must offer one if they are eligible.
A legal protection for people who lack mental capacity and are placed in a care home or hospital in a way that restricts their freedom — even for their own safety. The Mental Capacity Act requires that this restriction is authorised and reviewed.
Why it matters to you
If a care home tells you they are applying for a DoLS authorisation for your relative, this is not a punishment or a sign of poor care. It is a legal requirement to protect someone who cannot consent to being in the home. The authorisation must be reviewed regularly.
What to do
Ask the home what the DoLS authorisation covers and when it is next due for review. If you disagree with a DoLS decision you can apply to the Court of Protection to challenge it.
When a council believes someone has deliberately reduced their savings or given away property in order to lower the amount counted in their financial assessment for care, it can treat that person as if they still own that asset. This is called notional capital. The council then charges care fees as though the asset exists, even if the money or property is gone.
Why it matters to you
There is no time limit on how far back a council can look. The widely repeated idea that giving away money seven years before needing care protects it is a myth — the seven-year rule applies to inheritance tax, not care funding. What the council must prove is that the person knew they needed care, or reasonably expected to need it, at the time they disposed of the asset, and that avoiding care costs was a significant reason. If those two conditions are not both met, the council cannot use deprivation rules.
What to do
If the council raises a deprivation of assets allegation, challenge it formally. The council must show evidence of intent — it cannot simply assume any transfer was deliberate. You have the right to submit your own evidence explaining the reason for the transfer. If you are not satisfied with the council's decision, escalate to the Local Government and Social Care Ombudsman. Age UK's free advice line (0800 678 1602) can help you understand whether the correct legal test has been applied.
F
A contribution paid by the NHS directly to a nursing home to cover the cost of nursing care provided by a registered nurse. It is paid at a standard flat rate. For 2025/26 the rate is £254.06 per week for most people. It does not cover accommodation or personal care costs.
Why it matters to you
If your relative does not qualify for full CHC funding but is in a nursing home with health needs, they may still receive FNC. This reduces the total weekly cost they or the council pay.
What to do
CHC eligibility should always be assessed before FNC is arranged. If your relative is placed in a nursing home, ask whether an FNC assessment has been completed and whether CHC has been formally ruled out.
In England, whether the council contributes to care costs is determined by a financial assessment of savings and assets. For 2025/26 the thresholds are: above £23,250 in savings and assets — you fund your own care entirely. Below £14,250 — the council funds your care (though income contributions still apply). Between £14,250 and £23,250 — you contribute £1 per week for every £250 of capital between those figures.
Why it matters to you
These thresholds determine whether your relative pays for care in full or receives council support. The proposed reforms — including a £86,000 care cap and higher thresholds — were scrapped by the government in July 2024. The current figures remain in place with no confirmed change date.
What to do
Request a financial assessment from the council. Note that the family home is not counted in the assessment if a spouse, civil partner, or dependent relative still lives there. Always check current thresholds at point of assessment as figures can change annually.
L
A legal document that gives someone you trust — called your attorney — the authority to make decisions on your behalf if you lose the ability to make them yourself. There are two types: Property and Financial Affairs (covers bank accounts, bills, property) and Health and Welfare (covers care decisions, medical treatment). Each requires a separate application and registration fee of £92.
Why it matters to you
An LPA must be applied for and registered while the person still has mental capacity. Once someone loses capacity — through dementia, stroke, or other condition — it is too late to apply for an LPA. Without one, the only option is a Court of Protection deputyship application, which is significantly more complex, slower, and costly.
What to do
If an LPA is not yet in place and your relative still has capacity, apply immediately. Do not wait until a care crisis occurs. Applications can be made online at GOV.UK. Registration currently takes 8 to 16 weeks. Both types of LPA are usually needed — apply for both at the same time to save time and reduce risk.
M
The law that governs how decisions should be made for people who lack the capacity to make them for themselves. It sets out that decisions must be made in the person's best interests, using the least restrictive option available. It applies to all health and social care professionals working with your relative.
Why it matters to you
If professionals tell you a decision about your relative's care has been made under the Mental Capacity Act, it means they have assessed that your relative cannot make that decision themselves, and have made it in their best interests. You have the right to be involved in that process and to challenge decisions you disagree with.
What to do
If you believe a best interests decision has been made incorrectly or without proper involvement of the family, you can raise this with the care home manager, the social worker, or the local authority. If unresolved, the Court of Protection can review the decision.
N
A formal assessment carried out by the local council under the Care Act 2014 to establish what care and support someone requires. It is separate from the financial assessment — it is about what help is needed, not who pays for it. Everyone has the right to a needs assessment, regardless of their financial situation.
Why it matters to you
The needs assessment is the starting point for all council-funded support. Without a completed needs assessment, the council cannot arrange or fund any care. It also establishes the care plan that a care home or home care provider must follow.
What to do
You can request a needs assessment directly from your local council's adult social care team — you do not need a GP referral. Put the request in writing and keep a copy. If the council says there is a wait, ask for interim support while you wait.
O
The legal concept that determines which local authority is responsible for funding someone's care. Generally it is the council where the person was living before they moved into a care home. If someone moves into a care home in a different area, the responsibility usually stays with the original council.
Why it matters to you
Disputes between councils about ordinary residence can delay the start of funded care. If a funding argument breaks out between two councils about who is responsible, the care must continue while the dispute is resolved — your relative cannot be left without funded care during the process.
What to do
If two councils are arguing about responsibility for funding, escalate in writing to both councils and ask for confirmation that care will continue uninterrupted. The government has guidance for resolving ordinary residence disputes.
S
The legal duty under the Care Act 2014 to protect adults with care and support needs from abuse or neglect. Local councils lead on adult safeguarding. Abuse includes physical harm, financial abuse such as theft or fraud, psychological abuse, sexual abuse, neglect, and discriminatory treatment. Any person can raise a safeguarding concern — it is not limited to professionals.
Why it matters to you
If you believe your relative is being harmed, neglected, or financially exploited — whether by care staff, other residents, or even family members — you have every right to report it as a safeguarding concern. A formal safeguarding referral triggers a legal duty on the council to investigate. It is not a complaint about service quality; it is a serious legal process with its own statutory framework. You should not feel that raising a concern will cause problems for your relative's placement — the law is explicitly designed to protect people who raise concerns.
What to do
If you believe someone is in immediate danger, call 999. For non-emergency concerns, contact the local council's adult safeguarding team directly — you do not need to go through the care home. You can also raise concerns with the CQC. If you are unsure whether something constitutes abuse or neglect, call the local council anyway and describe what you have observed — it is their duty to assess it, not yours to make a legal judgement. Keep a written record of what you have seen and when.
Someone who pays for their own care costs in full because their savings and assets exceed the council's upper capital threshold of £23,250. Self-funders typically pay significantly higher rates than council-funded residents in the same home, as councils negotiate block contract rates with providers.
Why it matters to you
Self-funders often subsidise council-funded placements in the same home. If your relative is self-funding, it is worth understanding what the council rate is for the same type of care — the difference can be substantial. A SOLLA-accredited financial adviser can help self-funders plan to make their funds last.
What to do
Even if your relative is a self-funder, they are still entitled to a needs assessment and advice from the council. Request this — it costs nothing and ensures the care plan is formally documented. Also request a CHC screening, as self-funders are frequently not assessed for CHC even when they may qualify.
Free aftercare services that must be provided by the NHS and local authority to people who have been detained under certain sections of the Mental Health Act 1983. Section 117 aftercare cannot be means-tested — the council cannot charge for it regardless of savings.
Why it matters to you
If your relative has ever been detained under Section 3, 37, 45A, 47 or 48 of the Mental Health Act, they may be entitled to free aftercare including care home costs. This entitlement is frequently overlooked, even by professionals.
What to do
Ask the mental health team, social worker, or care home whether Section 117 aftercare applies. If your relative was detained under the Mental Health Act, check the section they were detained under. Mind and Rethink Mental Illness can advise on Section 117 entitlements.