Are Next of Kin Responsible for Care Home Fees?

In short: No. In the UK, being a husband, wife, son, daughter or “next of kin” does not make you legally responsible for someone else’s care home fees. You can become liable only if you sign something that says so, or if you mishandle the person’s money or assets.

The short legal position

Care fees are the resident’s own debt. The council or care home looks to the person’s income, savings and (in some cases) property, not to their relatives. “Next of kin” is also not a legal status: it simply names who should be contacted, and it gives no right to make decisions and no duty to pay.

This applies in England, Wales and Scotland. A spouse or civil partner is not liable for the other’s fees either, although the way a couple’s property is treated in the financial assessment matters (see below).

When a relative can become liable

There are a small number of situations where family members do end up with a legal obligation:

• You signed as guarantor or “responsible party”. If the care home contract names you as a guarantor, or you agreed to pay if the resident cannot, you can be held to it.
• You agreed to a third-party top-up. If the home costs more than the council will pay, a relative can agree in writing to pay the difference. That is a binding commitment. See third-party top-up fees explained.
• You are a joint contract holder. If you signed the contract in your own name rather than as the resident’s representative, the home may treat you as a party to it.
• You have misused the person’s money. An attorney or deputy who spends the resident’s money on themselves and leaves fees unpaid can be challenged for breach of duty.
• Assets were given away to avoid fees. If the council decides assets were deliberately transferred to avoid charges, it can treat them as still owned and, in some cases, recover the shortfall from the person who received them.

How to protect yourself before you sign

1. Read the whole contract for the words “guarantor”, “responsible person”, “sponsor” or “undertake to pay”.
2. If you sign for the resident, sign clearly “on behalf of” them, and state your capacity (for example as attorney under a lasting power of attorney).
3. Do not sign a guarantee you are unsure about. Ask the home to confirm in writing that you are not personally liable.
4. Keep a copy of everything you sign.
5. If a home refuses to admit someone unless a relative guarantees the fees, get advice from Citizens Advice or Age UK before agreeing. Consumer-law guidance from the Competition and Markets Authority says homes must be clear and fair about who is responsible for what.

Spouses and the family home

A husband or wife is not liable for the other’s care fees, but the household’s property is still relevant. In England, the council ignores the value of the home while a spouse or partner, or certain other relatives, still live in it. If the resident owns a share of a home that is not disregarded, only their share counts, and the council can offer a deferred payment agreement so a sale is not forced during their lifetime.

What if the resident cannot pay?

If savings are low enough, the council has a duty to meet eligible needs after a financial assessment. See what happens when money runs out in a care home, and paying for care in England for the thresholds and process. If you act under an LPA, our power of attorney guide explains your duties.

Frequently asked questions

Are children responsible for paying their parents’ care home fees?

No. Adult children have no legal duty to pay their parents’ care home fees. They are liable only if they sign a guarantee, a third-party top-up agreement, or the contract in their own name.

Is a spouse responsible for their husband or wife’s care home fees?

No. A spouse or civil partner is not legally liable for the other’s fees. How joint savings and property are treated in the financial assessment still affects what the resident is charged.

Can a care home make me sign as guarantor?

A home can ask, but you do not have to agree. If admission depends on a guarantee, take advice first and ask for written confirmation of what you are and are not liable for.

Does having power of attorney make me liable for the fees?

No. An attorney manages the person’s money on their behalf and is not personally liable, provided they act properly and use the person’s funds to pay the fees.

What does next of kin actually mean?

It is the person the care home or hospital contacts first. It has no legal power to decide for the person or to pay for them, unless you also hold a lasting power of attorney.

Official sources

• Care Act 2014 (legislation.gov.uk)
• Citizens Advice

This page is general information, not legal, medical or financial advice. The Care Panel is an independent guide and is not part of any government body or care provider. Last checked 10 November 2026.

Related: Third-party top-up fees · Self-funding care · Your rights under the Care Act 2014

Reviewed by The Care Panel team on 9 November 2026. This guide is general information about care in England, not legal, medical or financial advice. Rules and rates change; check with your council or an adviser before making decisions.