Legal Status of Next of Kin Uk

If you want your next of kin to have the power to make decisions for you and manage your financial affairs throughout your life, you must appoint them as your substitute decision-maker under a continuing power of attorney (APA). Learn more about APLs here. Sofia Tayton, partner and leader of the senior and vulnerable clients team at Lodders Law Firm, explains the roles and responsibilities of close relatives when you don`t have capacity. Under the intestate estate rules, next of kin are also responsible for applying for an estate (also known as “comfort letters”) if someone dies without a will. Although not all estates need an estate. In the health care context, patients are often asked to name a next of kin when they register with their family doctor or, alternatively, when they are admitted to hospital. Hospitals will then inform the next of kin that the patient has been admitted or if their condition changes. If the patient is unconscious or otherwise unable to name their next of kin, hospitals usually list their next of kin by blood, although there are no specific rules. Doctors try to get the next of kin`s perspective when considering making decisions for unconscious patients or those who lack capacity. Next of kin do not have the power to make decisions about medical care, but only to advise, and can neither override the patient`s previously expressed wishes nor prevent the medical team from acting in the patient`s best interest.

In some situations, it may be necessary to identify a person`s next of kin without their own input. This can happen when a person is temporarily unable to express themselves, for example after a sudden illness or accident. If there is a will and professional executors are appointed, such as a bank or lawyers, they may be happy if the next of kin makes all the arrangements for the funeral. Keep in mind that there is no legal basis for the next of kin, so neither your spouse, life partner, long-term partner, nor your child have the legal right to make decisions about your property and financial affairs, even if you consider them your closest relatives. No one you identify in this way should sign documents for you or give instructions about your bank accounts or investments. In the event of a person`s death, the term “next of kin” may also be used to describe the person(s) who will inherit if the deceased did not leave a will. The next of kin may have a legal right to an estate in which there is no will. However, to have the legal right, they would have to apply to be appointed executors. This includes requesting letters of administration.

Once appointed as an administrator, you will have the legal right to access the person`s bank account and other assets. If you have not appointed one or more lawyers, your relatives can apply to the protection court for rights. A request can only be made if you have lost your mental capacity. The court may appoint a replacement if you are mentally incapable of making decisions yourself. The representative is then authorized by the protection court to make decisions on your behalf. No, you can choose whoever you want. It should be someone you trust and feel close to. It is very often a husband, wife or civil partner or a person with whom you live. It does not have to be a blood relative; He can be a good friend. You can enter the names of several close relatives. Does the next of kin have a power of attorney? This question is often asked, but these roles are not the same and it is important to know the difference between the two.

If you are the next of kin and need help applying for an estate or if an estate is needed, call Farewill today on 020 3695 1713 for a free, no-obligation quote. Call us today on 02920 404 034 or email us at info@howellslegal.com. In general, this is something that families work on with each other, but at a very emotional time when someone has passed away, identifying the next kinship status can sometimes be complicated by family ties and relationships. In health and social situations, next of kin are often used to identify an emergency contact or close friend or relative to inform about your condition or treatment. The term usually means your next of kin by blood, and most people assume it refers to their spouse or life partner.