Being someone's next of kin does not, by itself, make you liable to pay their care home fees. In England and Wales there is no general legal duty on a spouse, child or other relative to fund a family member's residential care from their own money.
Care home fees are the responsibility of the person receiving the care. They are met from that person's income and capital, with the local council contributing where a financial assessment (the means test) shows the person cannot meet the full cost. Family members can take on responsibility in specific situations, usually because they have agreed to in writing, and those situations are set out below. Figures on this page are current as at August 2026 and are subject to change.
The short answer
"Next of kin" is not a legal status that carries financial duties. It is simply the person a hospital or care provider treats as a first point of contact. It does not give you the power to sign for someone's money, and it does not oblige you to pay their bills. The people who can be asked to pay are the person receiving care, and, in limited cases, anyone who has signed a contract agreeing to pay.
There is no equivalent of a "filial responsibility" law in England and Wales requiring adult children to support a parent's care costs. Responsibility follows the contract and the person's own assets, not the family relationship.
Who actually pays for care home fees
How a placement is funded depends on the person's health needs and their finances. In broad terms there are four routes, and many people move between them over time.
| Funding route | Who pays | Key point |
|---|---|---|
| Self-funding | The resident, from income and capital | Applies where capital is above the upper limit |
| Local authority support | The council, with a means-tested contribution from the resident | Follows a financial and needs assessment |
| NHS-funded nursing care | The NHS pays a fixed weekly amount towards nursing | £267.68 per week from 1 April 2026 |
| NHS continuing healthcare | The NHS pays the full package | For a primary health need; not means-tested |
Sources: gov.uk charging circular 2025-26; NHS.uk, NHS-funded nursing care (rate from 1 April 2026); NHS.uk, NHS continuing healthcare. As at August 2026, subject to change.
NHS continuing healthcare is worth knowing about, because where someone qualifies the NHS meets the whole cost of their care, including accommodation, and no means test applies. Eligibility turns on health needs assessed by a multidisciplinary team, not on savings, so it is assessed separately from the council route (NHS.uk, as at August 2026, subject to change).
How the means test decides the resident's share
When the council carries out a financial assessment, it looks at the resident's capital, which includes savings, investments and, in many cases, the value of a property. The capital limits in England are set nationally.
| Capital held by the resident | Effect on care funding (England) |
|---|---|
| Above £23,250 (upper limit) | Generally meets the full cost of care |
| Between £14,250 and £23,250 | Council may contribute; resident pays a "tariff income" of £1 a week for every £250 in this band |
| Below £14,250 (lower limit) | Capital is ignored; only income is counted |
Source: gov.uk local authority charging circular, 2025-26. As at August 2026, subject to change.
Even where the council pays, the resident normally contributes most of their income, keeping a small personal expenses allowance of £30.65 a week for 2025-26 (gov.uk, as at August 2026, subject to change). None of this contribution falls on relatives personally. It comes from the resident's own money.
When a family member can become responsible
There are a few specific situations where a relative does take on a payment obligation. In each case the responsibility comes from something the family member has done or agreed, not from being next of kin.
- Signing the care home contract as the payer. If you sign the resident's contract in your own name, or as a guarantor, you may be personally bound by it. Reading who the contracting party is, before signing, tends to matter a great deal.
- Agreeing a third-party "top-up". Where a family wants a more expensive room than the council will fund, a relative can agree to pay the difference. This top-up is voluntary and contractual. It is not a duty that arises automatically (gov.uk charging guidance, as at August 2026, subject to change).
- Acting as attorney or deputy. If you hold a lasting power of attorney for property and financial affairs, you manage the person's money and settle their care bills from their funds. You are not paying from your own pocket, and you are not personally liable simply for holding the role.
The practical lesson is that liability is created by a signature, not by a family tie. Where a document is unclear, it is often worth taking advice before committing.
Are relatives liable for unpaid fees after death?
When someone dies owing care home fees, that debt is settled from their estate, the money and property they leave behind, during the administration of the estate. The personal representative pays outstanding debts out of the estate before anything passes to beneficiaries (gov.uk, as at August 2026, subject to change). Relatives are not asked to pay a deceased person's care debts from their own money, unless they had separately signed as a guarantor. If the estate cannot cover its debts, the shortfall is generally not passed on to the family.
Understanding how debts are cleared is part of the wider probate process, which decides the order in which an estate's liabilities and gifts are dealt with.
Planning ahead for the impact of care fees
Because care can be expensive and the rules are detailed, many families look at the position in advance rather than in a crisis. Sensible groundwork is less about avoiding a duty that does not exist, and more about making sure the right people can act and that the resident's own resources are handled well.
- Put a lasting power of attorney in place. A registered lasting power of attorney lets someone you trust manage finances and settle care bills from your funds if you lose capacity. Registration is through the Office of the Public Guardian, at a fee of £92 per LPA (gov.uk, as at August 2026, subject to change).
- Consider a deferred payment agreement. Where the main asset is a home, a council may let fees be deferred and secured against the property, so it need not be sold during the person's lifetime. Terms vary, so the local authority's own details are the place to check (gov.uk, as at August 2026, subject to change).
- Take advice before moving assets. Giving away money or property to reduce a future means test can be treated as "deliberate deprivation" and disregarded, so there are real limits to what works. General approaches to planning for, limiting or mitigating the impact of care fees are best considered with a qualified adviser who can look at the whole picture.
Care planning sits within the broader field of estate planning, alongside wills and inheritance tax, and the parts tend to work best when they are considered together.
Scotland and Northern Ireland
This guide describes England and Wales. The other UK nations run their own systems. Scotland provides free personal and nursing care payments and applies different capital thresholds through its own financial assessment (mygov.scot, as at August 2026, subject to change). Northern Ireland operates a separate means-tested arrangement through its health and social care trusts. In none of these systems does being next of kin, on its own, create a duty to pay. If a placement spans more than one nation, checking the local rules is sensible.
- Upper capital limit: £23,250; lower capital limit: £14,250 (gov.uk, 2025-26).
- Tariff income between the limits: £1 a week per £250 of capital (gov.uk, 2025-26).
- Personal expenses allowance: £30.65 a week for 2025-26 (gov.uk).
- NHS-funded nursing care: £267.68 a week from 1 April 2026 (NHS.uk).
- LPA registration fee: £92 per LPA (gov.uk).
Frequently asked questions
Are next of kin legally responsible for care home fees in the UK?
No. In England and Wales there is no law making a spouse, child or other relative liable for a family member's care home fees purely because they are next of kin. Fees are the responsibility of the person receiving care, met from their own income and capital, with the council contributing after a means test where the person cannot meet the full cost (gov.uk, as at August 2026, subject to change).
Can a care home make a relative pay the fees?
A care home can only hold a relative to payment if that relative has agreed to it, for example by signing the contract in their own name or as a guarantor, or by agreeing a third-party top-up for a more expensive room. Reading exactly who is named as the contracting party before signing is important, because that is what creates the obligation (gov.uk charging guidance, as at August 2026, subject to change).
Does having power of attorney make me personally liable for care fees?
No. An attorney under a lasting power of attorney for property and financial affairs manages the person's money and pays their care bills from the person's own funds. Holding the role does not make you personally responsible for the cost. The power is registered with the Office of the Public Guardian for a fee of £92 per LPA (gov.uk, as at August 2026, subject to change).
Who pays care home fees when someone runs out of money?
When a resident's capital falls to the upper limit of £23,250 in England, the council can be asked to carry out a financial assessment and contribute towards the cost, with the resident paying most of their income (gov.uk, as at August 2026, subject to change). It is generally worth contacting the local authority before the money runs out, so an assessment is in place in time.
Are family members liable for unpaid care home fees after death?
Unpaid care fees are treated as a debt of the estate and are paid from the deceased person's assets during administration, before anything passes to beneficiaries (gov.uk, as at August 2026, subject to change). Relatives are not asked to settle those fees from their own money unless they had separately signed as a guarantor.
Does the NHS ever pay all the care home fees?
Yes, where someone qualifies for NHS continuing healthcare the NHS meets the full cost of their care, including accommodation, and no means test applies. Eligibility depends on a "primary health need" assessed by a multidisciplinary team (NHS.uk, as at August 2026, subject to change).