stage: 2

Next of kin and care home fees — the financial pressure families feel that has no legal basis

Next of kin are not legally responsible for care home fees in the UK. An adult's care costs are their own financial responsibility, and no family member is legally required to pay on their behalf. The local authority is required to carry out a financial assessment to determine the person's contribution. If the person lacks mental capacity and a Lasting Power of Attorney is in place, the named attorney manages the finances on their behalf but is not personally liable for the fees. Care homes sometimes pressure families into signing financial guarantees, but this should be resisted unless independent legal advice has been taken first.