Can I Refuse to Pay Care Home Fees in the UK?
Wondering, “Can I refuse to pay care home fees?” You’re not alone. With care costs rising fast, many families are unsure about their financial obligations. The truth is, whether you’re legally required to pay depends on your circumstances, relationship to the person in care, and whether you’ve signed any financial agreements.
This guide explains who is responsible for paying care fees, when you may not have to contribute, and how to protect your estate from being drained by care costs.
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Who Is Responsible for Paying Care Home Fees?
In the UK, the person receiving care is usually responsible for paying their own fees. Local councils perform a means test to determine how much someone can afford to contribute.
- Over £23,250: You’ll likely pay all care costs.
- £14,250–£23,250: You contribute part, and the council pays the rest.
- Under £14,250: The local authority usually covers most of the cost.
Importantly, relatives are not automatically liable. Unless you’ve signed a contract or acted improperly under a Power of Attorney, you are not responsible for someone else’s care fees.
Can I Refuse to Pay Care Home Fees?
Yes — if you’re not the one receiving care and haven’t signed any financial agreements, you can legally refuse to pay care home fees on someone else’s behalf.
When Might You Be Liable?
- You signed a care home contract agreeing to pay for someone else
- You acted under a Lasting Power of Attorney and mismanaged funds
If the person receiving care has the means to pay but refuses, care providers may seek payment through legal action or recover costs from their estate later.
How the Council Assesses Ability to Pay
Before someone enters care, the local authority carries out two assessments:
- Care needs assessment
- Financial means test
This financial review includes pensions, savings, property, and other assets. A person’s home can be included in the assessment unless a partner or dependent still lives there.
If you think the council’s decision is unfair, you can appeal or ask for a reassessment.
Can You Give Away Assets to Avoid Fees?
Some people try to gift money or property to avoid paying care costs. But this can backfire. Local authorities can apply a “deliberate deprivation of assets” rule and still treat those assets as if they belong to you.
To protect your estate the right way, always seek expert legal advice.
When You May Not Have to Pay Care Home Fees
You might not have to pay, or pay very little, if:
- Your total assets are below the legal threshold
- You qualify for NHS Continuing Healthcare, which covers all costs
- You need only short-term or temporary care (for example, after a hospital stay)
Also check for benefits like Attendance Allowance, Personal Independence Payment (PIP), or Disability Living Allowance, which may help with associated costs.
How to Protect Your Assets from Care Home Fees
If you’re concerned about future care costs, there are steps you can take to protect your home and savings:
1. Set Up a Protective Property Trust
This legal tool lets you pass your share of the property to beneficiaries, rather than risking it being used to pay care fees. See our Care Fees Protection page for details.
2. Use a Lifetime Trust
You can place assets into a Lifetime Trust while still alive. Done properly and early enough, this may protect your estate. But timing and purpose are critical to avoid accusations of asset deprivation.
3. Sever a Joint Tenancy
If you own your home with a spouse or partner, changing ownership to Tenants in Common gives each person a defined share. This allows for better estate planning and potential protection.
Get personalised advice on the best option for your family.
Frequently Asked Questions
Can I be forced to pay for my parent’s care home?
No — unless you’ve signed a legal agreement saying you will, you’re not legally responsible.
What happens if someone refuses to pay their own care fees?
The care provider may take legal action or apply to recover the money from their estate later on.
Is it illegal to refuse to pay for care?
Not if it’s someone else’s care and you’re not legally bound. But refusing to pay your own fees when you’re liable can have consequences.
Conclusion: Can You Refuse to Pay Care Home Fees?
Can you refuse to pay care home fees? In many cases — yes. If you’re not legally connected to the care agreement, you’re not responsible. But for the person receiving care, refusal is not a simple option if they have the means to pay.
That’s why smart planning matters. Don’t wait until crisis strikes. Book a free consultation now or review our clear pricing plans to protect your estate and your family’s future.