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Nov 27, 2023 · The next of kin may not necessarily be the beneficiary of the estate unless so named in a will or by legal succession. Understanding the definition and limitations of the term ‘next of kin’ is vital in ensuring that appropriate arrangements are made for situations where this role becomes pertinent.
- Your role as the nearest relative
- What to expect from a tribunal
- What happens at the hearing
- What happens after the hearing
- Claim expenses
- Find out more
As the nearest relative you may play an important part in the scheme of the act. It gives you the right to make certain applications in respect of the patient’s admission to hospital. You may also receive other information about the patient’s detention, if they do not object.
You also have the right to apply to the tribunal for your relative’s discharge.
If the patient applies to the tribunal or the case is referred to the tribunal, you will be told the hearing date and invited to attend and take part. This will be at the tribunal panel’s discretion and only if the patient agrees.
If you do not want to attend the hearing, your views about your relative’s detention should be included in the social circumstances report that must be prepared for the tribunal.
If you start the tribunal proceedings by making an application to the tribunal, you may appoint a registered medical practitioner (subject to funding). This will be with the help of a legal representative (if you want one). The medical practitioner can:
•visit and examine the patient
A tribunal is an independent judicial body that reviews the need for the continued detention of patients in hospital. The tribunal may also review guardianship and community treatment orders. Tribunal hearings aim to be as flexible as particular circumstances may allow within a legal framework. This is to make sure that they have access to all relevant information, and that the hearing is fair to the patient.
The tribunal will consist of 3 members. There will be a tribunal judge who chairs the hearing, and 2 tribunal members – one will be a psychiatrist and the other will have non-medical specialist mental health expertise.
None of these people will be:
•from or connected with the hospital where your relative is detained
•the authority managing the hospital
•from the community services involved in any guardianship or community treatment order
The hearing is usually held in private. The tribunal holds hearings in nearly all cases. The exception to this relates to some patients on a community treatment order, where patients aged 18 years and over can decide not to attend or be represented at the hearing.
If the patient decides not to attend, the tribunal will look at all the papers. This will include your views that have been submitted as part of the social circumstances report.
At the beginning of the hearing, the tribunal judge will explain how the tribunal intends to hear the case. Usually present at the hearing will be:
•the patient
•the clinician responsible for their care
•a professional concerned with community support and care
If you made the original application, you will receive a copy of the tribunal’s decision. You may have the right to seek to appeal against the decision made by the tribunal. These rights will be explained in writing and forwarded to you with the tribunal’s decision.
If you did not make the application but you attend the hearing, you will probably hear the panel’s decision announced on the day.
If you attend the tribunal hearing as an applicant or a witness, you may request financial assistance from the tribunal with respect to the following:
•travelling expenses
•loss of earnings up to certain limits, where applicable
You can claim expenses by completing a claims form. You can also collect a claims form to complete from the finance officer at:
HM Courts and Tribunals Service
First-tier Tribunal (Mental Health)
If you require more information about how the nearest relative is appointed, your role and rights as the nearest relative:
•you may wish to take independent legal advice from your own solicitor – if you do not have one, the Law Society will be able to help you find specialist mental health lawyers in your geographical area
•there may be carer’s advocacy and support services at the hospital where your relative is detained
•you may wish to seek guidance and advice from specialist mental health charities and organisations such as MIND or Rethink
You can apply to the mental health tribunal, or collect an application form from the customer service team at:
HM Courts and Tribunals Service
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.
Jun 5, 2024 · Discover your rights and responsibilities regarding next of kin under UK law including the legal definition, inheritance rules, and the importance of clear documentation.
In UK law, the term ‘Next of Kin’ does not carry a legal definition, and there is no statutory hierarchy of Next of Kin. Therefore, the closest legal concept to Next of Kin is the ‘nearest relative’ under the Mental Health Act. However, ‘Next of Kin’ is often considered to be the closest blood relative in practice.
How does the hospital know who my next of kin is? Most NHS trusts ask you to nominate your next of kin when you are admitted to hospital. You should provide their name and contact details.
People also ask
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You’re responsible for the assets from the date of death until the date everything has been passed on to the beneficiaries. This is known as the ‘administration period’.
