In almost all cases, next of kin are not responsible for care home fees. Being named someone's next of kin carries no legal duty to pay, and councils in England and Wales cannot pursue relatives for it. You only become liable if you sign to accept the fees yourself.
The signature is where most families come unstuck, and it is the part general guides skip over.
Are next of kin legally responsible for care home fees?
No. No law in England and Wales makes next of kin, or any relative, pay for a family member's care home fees. A council assesses the person needing care on their own means, never their family's. The old "liable relatives" rule, which let councils recover costs from a spouse, was ended by the Care Act 2014.
"Next of kin" has no defined legal meaning for care funding; it records who to contact, nothing more. Since the Care Act 2014 took effect in April 2015, a council in England charges only the adult receiving care, on their means, and Wales does the same under its own 2014 Act. Neither can send the bill to a son, daughter or partner by default (gov.uk, as at August 2026, subject to change).
When can a family member become liable for the fees?
A relative becomes personally liable only through their own agreement, not through kinship: signing the care home contract in your own name, giving a guarantee, agreeing a third-party top-up, or holding money jointly with the person. Otherwise liability stays with the resident and their estate.
The common trap is the paperwork on admission. How you sign a contract decides whether the debt is theirs or yours.
| Situation | Does it make you personally liable? | What to watch |
|---|---|---|
| Signing the contract in your own name | Yes, you become the paying party | Sign as attorney or agent, see below |
| Signing a guarantor or indemnity clause | Yes, you agree to cover unpaid fees | Read for the words "guarantee", "indemnify", "personally liable" |
| Agreeing a third-party top-up | Yes, but only for the top-up amount | Put it in writing with the council, not just the home |
| Money held jointly with the resident | The joint funds count in their means test | Only their share is theirs to spend on care |
| Being listed as next of kin | No | Carries no payment duty at all |
Under the Care Act 2014; contract terms vary by home. As at August 2026, subject to change.
What people get wrong: the signature trap
If you sign the contract with just your name, a court can read that as you agreeing to pay. Signing on behalf of the resident protects you. When you hold a lasting power of attorney, or are simply helping:
- Name the resident as the paying party. The contract should say the fees are owed by them, from their funds, not by you.
- Sign as their representative. Write "signed by [your name] as attorney for [resident]" or "as agent on behalf of [resident]", not your name alone.
- Strike out any guarantee. Cross through and initial any clause where you personally guarantee or indemnify the fees, unless you genuinely intend to.
- Keep a copy. Take the signed contract away and check what you actually agreed to.
How does the council means test for care fees work?
The council looks only at the resident's capital and income. In England, capital above £23,250 means they pay in full; between £14,250 and £23,250 they contribute through "tariff income"; below £14,250 only their income counts. A partner's own income and savings are not assessed.
Tariff income assumes £1 a week for every £250 of capital between the two limits. These limits have been frozen since 2010, and a planned rise to a £100,000 upper limit, alongside the £86,000 care cost cap, was cancelled in the Autumn 2024 Budget.
| The resident's capital (England) | Who pays |
|---|---|
| Over £23,250 | They fund their care in full (self-funding) |
| £14,250 to £23,250 | They contribute, plus £1 a week per £250 of tariff income |
| Under £14,250 | Capital is ignored; only their income is assessed |
Source: gov.uk local authority charging circular 2025 to 2026. Wales uses a single £50,000 capital limit for residential care. As at August 2026, subject to change.
The person's home is disregarded while a spouse, partner or dependent relative still lives there, and for the first 12 weeks when a sale is needed. See how a property is treated in care funding.
Who pays if the person cannot afford the fees?
When someone's capital falls below £23,250, the council contributes, though the resident still pays an assessed amount from their income. Families are never required to fill the gap, but may choose to. The main routes are council funding, a third-party top-up, a deferred payment agreement, or NHS funding.
- Local authority funding. Once below the £23,250 limit, the council pays towards a place up to its usual rate. The resident contributes most of their income, keeping a Personal Expenses Allowance (£30.65 a week in England for 2025 to 2026, subject to change).
- Third-party top-up. If the family wants a more expensive home than the council will fund, a relative can agree to pay the difference. It is voluntary, and should be documented with the council.
- Deferred payment agreement. The council pays the fees and places a charge on the person's home, repaid later from its sale, avoiding a forced sale in their lifetime.
- NHS Continuing Healthcare. Where care is driven mainly by health needs, the NHS may fund it in full, with no means test, and it is worth requesting.
What happens to unpaid care home fees after someone dies?
Unpaid care home fees are a debt of the deceased's estate, not of their relatives personally. The executor settles them before anyone inherits, and next of kin do not pay from their own money. The one real risk falls on an executor who distributes the estate too early.
The executor pays the fees from the estate's funds during probate, before beneficiaries inherit. A deferred payment loan is usually repaid within 90 days of death, or when the property sells.
The catch general guides miss: if an executor pays out the inheritance and only then a care fee or deferred charge surfaces, they can be personally liable to the creditor for distributing too soon. Settling known and possible debts first is what keeps an executor safe, part of getting estate planning and administration right.
Frequently asked questions
Am I legally obliged to pay my parent's care home fees if they cannot?
No. There is no legal obligation on a son or daughter to pay a parent's care home fees in England and Wales. The council assesses your parent on their own means. You are only liable if you signed the contract or a guarantee yourself (gov.uk, as at August 2026, subject to change).
Can a care home make next of kin pay the fees?
A care home cannot make you pay simply because you are next of kin. It can only pursue you if you signed the contract in your own name, gave a guarantee, or agreed a top-up. Being the contact person creates no payment duty.
Do you have to sell your house to pay for care?
Not always. A home is disregarded while a spouse, partner or dependent relative still lives there. Where a sale is needed, a deferred payment agreement lets the council fund care against the property so it is not sold during the person's lifetime (gov.uk, as at August 2026, subject to change).
Who pays care home fees if you have no money?
The local authority pays towards care once a person's capital is below £23,250 in England, after a means test. The resident still contributes most of their income. Where care is mainly for health reasons, NHS Continuing Healthcare may cover the full cost with no means test.
Are unpaid care home fees paid from the estate?
Yes. Unpaid fees are a debt of the deceased's estate, settled by the executor before beneficiaries inherit. Relatives do not pay from their own pockets. An executor who distributes the estate before clearing the debt can, however, be held personally responsible to the creditor.