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Nov 27, 2023 · In the United Kingdom, the term “next of kin” is commonly used, especially in healthcare, legal matters, and estate planning. Understanding who is classified as next of kin and what this designation entails is crucial, as it involves specific rights and responsibilities that can significantly impact both personal and legal decisions. This ...
- Who Is My Next of Kin?
- Next of Kin and Medical Care
- Next of Kin and Financial Matters
- Can I Appoint Someone to Make Decisions For Me When I Lack Capacity?
- Advance Decisions
- Lasting Powers of Attorney
- Court of Protection
- What Happens If I Die Without A Will?
There can be confusion around the phrase ‘next of kin’, with many assuming there is someone who automatically becomes your next of kin and has the legal right to make decisions for you if you cannot make them for yourself. However, this is not the case. Next of kin has no real legal definition or standing. The only exception to this is with childre...
If you attend hospital for a planned procedure, you will provide information on who staff can contact in the event of an emergency, and who should receive updates on your condition. If you are hospitalised in an emergency and unable to provide details of who staff can contact, they will attempt to identify your next of kin. Being identified as you ...
Remember, there is no legal basis for next of kin, so neither your spouse, civil partner, long term partner, nor child, have any legal right to make decisions about your property and financial affairs, even if you view them as your next of kin. No-one who you identify in this way should sign any documents for you or give any instructions about your...
There are several ways you can ensure people you trust will be able to make decisions for you if you lack capacity, and that they take your wishes and feelings into account. The options available include:
If you want to refuse certain treatments or interventions then you can make an advance decision, which are sometimes also known as ‘advance directives’ and ‘living wills’. An advance decision is a decision you can make now to refuse a specific type of treatment at some time in the future. There are formalities that apply for an advance decision to ...
Lasting powers of attorney (LPAs)are documents that allow you to appoint a person or people who you trust to make decisions for you. LPAs can be created for: • financial decisions • health and welfare decisions Once the LPA forms have been completed, signed by all parties, and registered with the Office of the Public Guardian, you have attorneys in...
If a person lacks capacity and has not made an LPA, it may be necessary to ask the Court of Protection to appoint a Deputyto make decisions for them. Being next of kin does not automatically mean you would be the person the Court appoints as Deputy. A Deputy can be a family member but could also be a professional, such as a solicitor or accountant,...
If you die without a valid will in place, then next of kin can take on a different meaning. This is because the intestacy rules which apply here follow your bloodline to identify who is able to deal with your estate (money, property and possessions) and how it should be distributed. Therefore, it is possible that the person you name on your hospita...
Apr 10, 2023 · In fact, the only situation where someone’s next of kin automatically has the legal right to make decisions on their behalf is when the person is under 18 and their next of kin is their parent or legal guardian.
Next of kin and financial matters. Remember, there is no legal basis for next of kin, so neither your spouse, civil partner, long term partner, nor child, have any legal right to make decisions about your property and financial affairs, even if you view them as your next of kin.
In this guide, we explain the meaning of next of kin when someone is in hospital, when someone dies and if no will has been written, as well as the next of kin’s rights and responsibilities.
The next of kin of a child under 18 may be legally entitled to make decisions for or on behalf of the child. The term usually means your nearest blood relative. In the case of a married couple or a civil partnership it usually means their husband or wife.
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Is next of kin legal?
Who is your next of kin?
What is a 'next of kin' in the UK?
Who is next of kin if a person is under 18?
Next of kin is a title that is primarily used in order for emergency services to know who to keep informed about an individual’s condition and treatment. The title can be given, by you, to anyone from your partner to blood relatives and even friends.
