How long can a care home charge after death?

When a resident passes away, care home fees do not always stop immediately. Most care home contracts specify that fees remain payable until the room is cleared of personal belongings or until a set notice period expires—whichever is later. Some contracts include a “40 day rule,” meaning fees may be charged for up to 40 days after death to allow families time to clear the room. However, this period can vary, so it’s essential to check the specific contract terms.

If the room is not cleared within the notice period, the care home may continue to charge daily or weekly fees. The estate of the deceased is usually responsible for these charges, not individual family members, unless someone has signed a personal guarantee.

Pitfalls:

• Not reading the contract carefully, leading to unexpected charges.

• Delaying the clearance of the room, which can extend the period fees are charged.

• Assuming all care homes follow the same rules—policies can differ widely.

Top tips:

• Request a copy of the care home contract as soon as possible.

• Ask the care home to confirm, in writing, the date when fees will stop.

• Plan and coordinate with family to clear the room promptly, ideally within the notice period.
  
  
  
  

Can you claim care home fees back?

There are circumstances where you may be able to reclaim care home fees after death. The most common reasons include:

• Overpayments: If fees were paid in advance for care not received after the resident’s death, the estate can request a refund for the unused period.

• NHS Continuing Healthcare (CHC) eligibility: If it is later determined that the resident should have qualified for NHS CHC funding (which covers the full cost of care for those with primary health needs), you can apply for a retrospective assessment. If successful, the NHS will reimburse fees paid during the eligible period.

• Errors or double payments: Mistakes in billing or payments made in error can also be reclaimed.

To claim fees back, you’ll need to provide evidence such as invoices, payment records, and correspondence with the care home or local authority. For NHS CHC claims, detailed medical records and care assessments are required.

Pitfalls:

• Missing deadlines for retrospective claims (there are strict time limits for NHS CHC appeals).

• Not keeping copies of invoices or payment records.

• Failing to provide sufficient evidence to support your claim.

Top tips:

• Keep all care home invoices, payment receipts, and correspondence.

• If you believe the resident was eligible for NHS CHC, request a retrospective assessment as soon as possible.

• Submit claims in writing and keep a record of all communications.
  
  

Can council claim back care home fees after death?

A local authority may seek to recover care home fees from the estate of the deceased if:

• The resident received means-tested support and had assets that were not disclosed during the financial assessment.

• Fees were paid in error or as an overpayment.

• There was a deferred payment agreement in place, where the council paid the fees upfront and expected repayment from the estate after death.

The council will usually contact the executor or administrator of the estate to request repayment. If assets were transferred or gifted before death, the council may investigate whether this was done to avoid care fees. Under the Care Act 2014, the council can pursue recovery from the recipient of the gift if it was made to deliberately reduce assets for means-testing.

Pitfalls:

• Failing to disclose all assets during the financial assessment.

• Ignoring correspondence from the council, which can escalate matters.

• Not understanding the terms of any deferred payment agreement.

Top tips:

• Respond promptly to any council queries or requests for information.

• Review the financial assessment and ensure all assets were declared.

• If you’re the executor, seek written clarification from the council about any sums claimed.

  
  
  

Am I liable for my mother's care home fees?

Generally, care home fees are the responsibility of the resident or, after death, their estate. Family members are not personally liable unless they have signed a contract as a guarantor or co-signed financial agreements. If you have not entered into any formal agreement, you cannot be pursued for outstanding fees. However, if you have signed anything, review the document carefully to understand your obligations.

If the estate does not have enough funds to cover the fees, the care home may write off the debt, but they cannot force family members to pay unless there is a legal guarantee. Always check what you have signed and clarify with the care home if you are unsure.

Pitfalls:

• Accidentally agreeing to be liable by signing as a guarantor.

• Misunderstanding informal requests for payment as legal obligations.

• Not keeping copies of signed documents.

Top tips:

• Ask for written confirmation of your liability status.

• Review all documents before signing anything.

• If pressured, request the care home to clarify in writing.
  
  
  

What is the 7 year rule for care home fees?

The “7 year rule” relates to gifts and asset transfers for means-tested care fee assessments. If a person gives away assets and survives for seven years, those gifts are generally not counted for Inheritance Tax purposes. However, for care home fee assessments, local authorities may look at gifts made at any time if they believe the intention was to avoid paying for care.

If a gift was made more than seven years before death and was not intended to avoid care costs, it is less likely to be challenged. However, councils can investigate and may treat the value of the gift as “notional capital” if they believe it was a deliberate deprivation of assets.

Pitfalls:

• Assuming all gifts older than seven years are safe from assessment.

• Not keeping records of gifts and the reasons for making them.

• Making large gifts without considering future care needs.

Top tips:

• Document all gifts and the reasons for making them.

• Seek advice before making significant asset transfers.

• Be prepared to explain gifts if questioned by the council.
  
  
  
  

What is the 40 day rule after death?

The “40 day rule” is often found in care home contracts and refers to the period allowed for clearing a resident’s room after death. During this time, fees may continue to be charged. The rule is designed to give families time to remove personal belongings and make arrangements, but if the room is not cleared within 40 days, additional charges may apply.

It’s important to check the contract for the exact terms, as some care homes may have different notice periods. Communicate with the care home to confirm deadlines and avoid unnecessary fees.

Pitfalls:

• Missing the deadline and incurring extra charges.

• Not communicating with the care home about clearance plans.

• Assuming the rule applies everywhere—always check the contract.

Top tips:

• Plan to clear the room within the specified period.

• Confirm the deadline in writing with the care home.

• Ask for a final invoice and breakdown of charges.

Disclaimer:
This article is for general information only and does not constitute financial, legal, or tax advice.

If you need more detail, our Deprivation of Assets: When will the local authority challenge gifts to avoid care home fees? may help.

You might also find Protecting inheritance from care home fees useful.