The signature nobody reads
Moving-in day is the worst possible moment to sign a contract. There is a move under way, a frightened parent, paperwork still missing, and someone holding out a folder and pointing at the line. Almost everyone signs there, standing up, without reading.
Somewhere in that folder there may be a clause that concerns you personally. It is one of the most consequential signatures in the whole process, and the one you get least explanation about.
First: are you even able to sign?
This surprises most families. Being next of kin gives you no legal authority to sign anything on another adult's behalf. It is not a legal status at all.
What does give authority:
- your relative signing for themselves, if they have capacity for that decision — capacity is assumed and it is decision-specific;
- a registered Lasting Power of Attorney — note there are two types, one for property and financial affairs and one for health and welfare, and it is the financial one that covers contracts and fees;
- a deputy appointed by the Court of Protection, where capacity has been lost and no LPA exists.
If none of these applies and your relative cannot sign, the honest answer is that nobody can sign yet — and a home that shrugs and asks you to sign anyway is not doing you a favour.
The distinction that decides whose money is at risk
Two signatures can look almost identical on the page and mean opposite things:
- Signing as attorney or deputy means you act on behalf of your relative. Their funds pay. You are not personally liable for the fees. Make that visible — sign in that capacity, not just with your name.
- Signing in your own right — as guarantor, or under a "responsible person" or "responsible party" clause — means you are personally on the hook. Your income, your savings, regardless of your relative's finances.
So the question to ask before anything else, and to have answered in writing, is simply: "in what capacity am I signing this?"
What to look for in the contract
- Is there a guarantor or responsible-person clause at all? It rarely carries that heading — it usually sits inside the section on payment.
- Is the liability joint and several? If so the home can pursue the whole amount from you alone, and recovering shares from your siblings is your problem, not theirs.
- Is there a cap and an end date, or is it open-ended?
- Does it survive the placement — covering sums that fall due after your relative leaves or dies? This is the clause to read most carefully of all.
- How does it interact with any deposit already paid?
Separately, if a third-party top-up is involved, that is its own agreement with its own commitment — and it has to be genuinely voluntary and affordable, not a condition of getting a place that meets the assessed needs.
What you can negotiate
More than families assume, because almost nobody tries. Three reasonable requests, all better made before signing than after:
- a cap — liability limited to a defined number of weeks' fees rather than an open sum;
- a fixed term, renewed expressly rather than rolling on;
- a split between siblings, so each stands behind a share instead of the whole.
The home may say no, and that is their right. But the answer tells you something: a provider who will not even discuss a cap, on a contract that binds you for years, is showing you in advance how they will handle everything else.
If you have already signed
- Ask for a copy of the signed contract if you do not have one — in writing if necessary.
- Read the payment clause and establish your actual exposure: capped or unlimited, time-limited or open.
- If arrears are building, act now. Time works against you here more than anywhere else: a personal guarantee makes the home's position very strong, and arrangements get agreed before escalation, not after.
- If your signature was obtained unclearly — an ambiguous form, no explanation, capacity never specified — have it looked at. Not every clause obtained that way holds up. Age UK and Citizens Advice offer free guidance; a solicitor can advise on the document itself.
The practical point
Signing as a guarantor is not wrong in itself. Sometimes it is the condition without which the place does not happen, and a family decides to accept that with their eyes open. What is wrong is signing it without knowing, or finding out when the first demand arrives.
And one thing makes all of it easier: having an alternative. Families holding two or three other suitable homes discuss the clauses calmly and walk away if the terms are poor. Families with one open door sign whatever is put in front of them.
If that margin is what you are missing, Curalune Care Help gives it to you: 3–5 homes that match the real situation within 24 working hours, with contact details, links and a ready-to-send message you can put to all of them at once. £69 one-off. If you don't receive at least 3 homes matching the area and criteria you gave us, we refund you in full. Start here
The effect of a guarantor or responsible-person clause depends on the wording of the contract and the circumstances, and rules on capacity, powers of attorney and top-ups differ across England and Wales, Scotland and Northern Ireland. This article is general information, not legal advice. Before signing as a guarantor — and certainly if payment is already being demanded from you — have the contract reviewed by a solicitor, and contact Age UK or Citizens Advice for free guidance. Curalune is not a party to contracts between families and homes and cannot guarantee availability.
