The main application
If the applicant cannot apply, a specified person can do it for them: a spouse or partner, a child over 18, a registered doctor, nurse or social worker, or someone with legal authority. Most families use a son or daughter. No court order is needed for this part.
The nursing home loan
Deferring the property portion means putting a charge on the property, which a specified person cannot agree to. It needs one of the following.
- An enduring power of attorney that has been registered with the Decision Support Service. If your parent made one while they had capacity, register it now.
- A decision-making representative appointed by the Circuit Court under the Assisted Decision-Making (Capacity) Act. This is the route where no power of attorney exists, and it takes time.
- A ward of court committee, for the small number of older arrangements still in place.
The HSE publishes wording to use in the court application so that the representative's powers cover Fair Deal and the loan. Give it to your solicitor.
What to do first
Check whether an enduring power of attorney exists; solicitors often hold them. If none exists, see a solicitor about a decision-making representative application straight away, because it runs in parallel with the Fair Deal application and is usually the longest part. Submit the main Fair Deal application as a specified person without waiting for the court, so that State support can start while the loan is dealt with.
Questions families ask
Can I just sign the form for my mother?
Only as a specified person, in your own name, and only for the main application. Do not sign in her name.
Can the HSE assess her without the loan being sorted?
Yes. The main application and funding decision can proceed. The property portion is then paid weekly until the loan is in place, or the family pays it.
How long does a decision-making representative take?
Several months is common. Start now.