Are next of kin responsible for care home fees?
A common fear when a parent goes into care is that the bill lands on the children. The legal position is clearer and kinder than most families expect.
No. In the UK, next of kin are not legally responsible for a relative's care home fees. The person receiving care pays from their own money, and if that is not enough the means test decides what the local authority contributes. A family member only becomes liable if they sign the care home contract as a guarantor or agree to pay a third-party top-up. Holding power of attorney does not make you liable either: you manage the person's money, you do not owe their debts.
At a glance
- Legal positionNext of kin are not liable for a relative's fees
- The exceptionSigning as guarantor, or agreeing a top-up
- Power of attorneyManages the person's money, no personal liability
- If money runs shortThe means test and council step in
- Top-up paymentsVoluntary, and only ever by agreement
- Watch forGuarantor clauses in care home contracts
Who is legally responsible for care home fees?
The person receiving care is responsible for their own fees, from their own income and capital, as decided by the financial assessment. There is no law in England, Wales, Scotland or Northern Ireland that makes children, spouses in respect of their own assets, or any other next of kin liable for a relative's care home fees. A care home cannot pursue you for a parent's unpaid fees simply because you are family, and neither can a council.
Spouses are worth a specific word. The means test assesses the resident's own assets and their share of joint assets. It cannot demand the other spouse's separate savings, and the family home is disregarded entirely while the spouse or partner still lives in it.
The ways family members can become liable
Liability only arises where a family member agrees to it. There are three common routes, and all three are avoidable or manageable with care.
| How liability arises | What it means |
|---|---|
| Signing the contract as guarantor | You personally underwrite the fees if the resident cannot pay |
| Agreeing a third-party top-up | You pay the gap between the council rate and a dearer home |
| Signing the contract in your own name | You, not the resident, are the customer who owes the fees |
Some care home contracts ask a relative to sign as guarantor as a condition of admission. You do not have to agree, and you can sign purely as the resident's representative or attorney instead. If you do sign a guarantee, you are choosing to take on the liability, so understand the home's fees, the notice terms and what happens when the resident's money falls.
Power of attorney and deputyship
Holding lasting power of attorney for property and financial affairs, or acting as a court-appointed deputy, makes you the manager of the person's money, not the owner of their debts. You pay their care fees from their funds, keep records, and act in their best interests. If their money runs out, the answer is a council assessment, not your savings. An attorney who signs a care contract should sign explicitly in that capacity so the contract binds the resident's estate, not the attorney personally.
Third-party top-ups, and when fees go unpaid
Where the council funds a placement and the family wants a home that charges more than the council's rate, a relative can volunteer to pay the difference. This third-party top-up is a real, ongoing commitment that tends to rise with fee increases, so treat it as a budgeting decision, not a formality. It must always be by agreement; a council cannot require it for a home that meets assessed needs at its rate.
If a self-funder's money runs down and fees go unpaid, the home and family should involve the council well before crisis point. The means test takes over once capital approaches the threshold, and our guide to what happens when the money runs out covers the steps. The estate of someone who dies owing fees settles them like any other debt; the family does not inherit the liability personally.
Are next of kin responsible for care home fees?: common questions
Are next of kin responsible for care home fees?
No. The person receiving care is responsible for their own fees, and the means test decides what the council contributes. Family only become liable by choice: signing as guarantor, signing the contract in their own name, or agreeing a third-party top-up.
Is a power of attorney responsible for care home fees?
No. An attorney pays the person's fees from the person's own money and is not personally liable for them. Sign any care contract explicitly as attorney so the paperwork reflects that.
Can a care home make me sign as guarantor?
A home can ask, and some make it a condition of offering a place, but you are never obliged to agree and you can negotiate or look elsewhere. If you sign, you take on real liability for the fees, so read the terms carefully first.
Who doesn't pay care home fees?
People whose capital is below the lower limit, 14,250 pounds in England for 2025/26, have fees met by the council, though most income still goes toward care. People with a primary health need can qualify for NHS Continuing Healthcare, which pays the full cost and is not means-tested.
Can my son continue to live in my house if I go into care?
It depends on his circumstances. The home is disregarded in the means test if a relative over 60, a dependent child or an incapacitated relative lives there, and councils have discretion in other cases. An adult son who does not meet those categories does not automatically protect the property from assessment.
Will care home fees wipe out my children's inheritance?
A long self-funded stay reduces an estate, but the children never owe the fees themselves. Planning tools such as an immediate needs annuity can cap the lifetime cost and protect the remainder; these are regulated products that need FCA-authorised advice.
Need help with your own situation?
We can introduce you to an FCA-authorised care funding specialist who will look at your circumstances and the options.