Are Next of Kin Responsible for Care Home Fees?

Topic cluster: Care Home Costs & Funding | Reading time: 5 min

One of the most persistent worries families have is whether they will become liable for their parent's care home fees. The short answer is: generally, no — but there are important exceptions, and signing certain documents can change this.

The Legal Position

In England and Wales, you are not automatically responsible for paying your parent's care home fees simply because you are their next of kin. Adult social care costs are the responsibility of the individual receiving care — not their relatives.

The Care Act 2014 explicitly states that local authorities cannot pursue relatives for care fees owed by a resident unless that relative has formally signed a personal guarantee or third-party agreement.

When Can Relatives Become Liable?

1. Signing a personal guarantee or third-party contract If you sign a document guaranteeing payment of fees — or a top-up agreement — you become legally liable for the amount you agreed to pay. This is intentional and appropriate in many cases (paying a top-up fee, for example), but you should always understand what you are signing before putting pen to paper.

Never sign a contract as a 'guarantor' for all care home fees unless you have independent legal advice and fully understand the financial commitment.

2. Holding Lasting Power of Attorney (LPA) for Property and Finance An LPA gives you the authority to manage your parent's finances on their behalf — it does not make you personally liable for their debts. Acting as an attorney means you spend your parent's money, not your own.

However, an attorney who misuses funds (e.g. pays their own bills from the parent's account) can be held personally liable.

3. Deliberate deprivation of assets If your parent transferred assets to you in order to reduce their financial assessment for care, and the council identifies this as deliberate deprivation, they may seek to recover those assets. This can implicate family members who received the assets.

What About When a Parent Dies Owing Fees?

When your parent dies, any outstanding care home fees become a debt of the estate — paid from whatever is left before the estate is distributed to beneficiaries. If the estate does not cover the outstanding fees, the care home (or local authority) cannot pursue you personally as a next of kin.

The exception is if you personally guaranteed the fees or were managing funds improperly as an attorney.

Watching Out for Problematic Requests

Care homes sometimes include clauses in admission contracts that imply next-of-kin financial responsibility. Watch out for language like:

"I/we agree to be jointly and severally liable for fees..."
"The undersigned accepts responsibility for outstanding balances..."
"The family guarantees payment..."

Before signing any contract:

Read it carefully in full
Ask which parts create a financial obligation for you specifically
Seek independent advice (Citizens Advice or a solicitor) if unsure
Do not be pressured to sign immediately

Top-Up Fees: The Legitimate Exception

If you voluntarily agree to pay a top-up fee (the difference between the council's agreed rate and the care home's actual charge), you are taking on a legal financial obligation. This is a legitimate arrangement — but it should be clearly documented, and you should understand it may increase over time.

If the Local Authority Is Funding Care

When the council funds your parent's care, they deal directly with the care home. You are not involved financially unless you have agreed to a top-up.

Getting Clarity

If you are unsure about your financial obligations in relation to your parent's care, these organisations provide free guidance:

Citizens Advice: citizensadvice.org.uk or local branches
Age UK: ageuk.org.uk — free helpline 0800 678 1602
The Law Society: Find a solicitor specialising in elder law at solicitors.lawsociety.org.uk

Understand care funding before choosing a home — browse at homeformum.com