Can a Family Member Make the Decision to Move Someone into a Nursing Home?

When someone you care about is struggling, it’s natural to want to step in and do something. For many families, that raises a difficult question. Can you actually make the decision for them to move into a nursing home?

This article explains what a family member can and can’t do, when legal authority is needed and what happens if no one has it.

Common Situations Families Face

Some older adults are open to the idea of a nursing home, while others resist it completely, even when the need is obvious.

Here are some of the most common scenarios and what they mean:

#1. Your relative is clearly struggling, but still understands what’s going on

Maybe it’s your mum, your uncle or your partner. They’re skipping meals, missing medication or falling more often, and you’re worried. You might feel like a move to a nursing home is the safest option.

But if they still understand their situation and are able to make decisions for themselves, they’re the ones who decide. That’s the law according to the Mental Capacity Act 2005. You can talk through concerns, encourage them to accept help and ask the council for a care needs assessment, but you can’t override their choice.

#2. Your loved one no longer understands what they need

If someone is no longer able to process information or weigh up what’s best for them, for example, due to dementia or a brain injury, then decisions about care need to be made on their behalf.

At this stage, professionals will look at what’s in their best interests. If there’s a Health and Welfare Power of Attorney in place, that person can make the call. If not, decisions are made by doctors, social workers and care teams. You’ll likely be involved in those discussions, especially if you’ve been part of their care, but you won’t have the final say.

#3. Nothing was put in place and now things are urgent

This happens more than most people expect. A loved one is no longer coping, can’t consent to care and hasn’t set up any legal arrangements. In urgent situations, adult social care can step in. They may arrange short-term nursing home care to stabilise the situation.
Meanwhile, you might have to apply for deputyship through the Court of Protection if longer-term decisions need to be made. This takes time, so the earlier it’s started, the better.

#4. The family doesn’t agree

It’s not unusual for siblings, partners or extended family to disagree on what should happen. One person may push for a nursing home, while another insists on care at home. If your loved one still has capacity, it’s up to them. If they don’t, professionals will listen to each view, but decisions must focus on care needs, not family preference.

Why It’s Worth Planning Ahead

Most people don’t want to think about nursing homes until they absolutely have to. That’s understandable. However, waiting too long can leave families stuck, especially if your loved one suddenly loses the ability to make decisions and no legal plans are in place.

Setting up a Health and Welfare Lasting Power of Attorney while someone still has mental capacity gives a trusted person the legal right to make decisions about care if things change later. Without it, families often find themselves in a holding pattern unable to act and relying on stretched professionals to step in.

Planning ahead also gives the person more say in what happens to them. You can talk openly about preferences, look at care options together and reduce the chance of arguments or rushed decisions later on. Later life care conversations aren’t always easy, but they do make things clearer if and when the time comes.

Learn more about nursing home fees and funding here.

Where This Leaves You

It’s natural to want to act when someone you love isn’t coping and nursing care might be the safest option. But in the UK, families don’t have automatic authority to make that call, even with the best intentions.

What matters is knowing what’s possible and where the boundaries are. If legal arrangements like a Health and Welfare Power of Attorney are in place, you may be able to decide. If not, professionals will lead and your role becomes one of support, insight and advocacy rather than control.