Gransnet forums

Legal, pensions and money

Page 2 of 2 | First | Previous | Next | Last
| Flip | Customise |

"next of kin" definition

(32 Posts)
Add comment | Report
eddiecat78 Tue 10-Sept-24 09:29:17

From reading other posts there seems to be a misapprehension that being someone's next of kin carries legal rights. My understanding is that, unless you hold power of attorney or you are parent of a minor, this is not the case. "Next of kin" has no legal basis.
In fact "next of kin"is more often just a term used when emergency contact details are required - and isn't necessarily the closest relative.
We were informed about this by a specialist solicitor. I believe that once a person loses mental capacity their "next of kin" has no rights or responsibilities for them and Social Services has to be involved.
Having Financial power of attorney will give some rights to manage practical affairs but they do have constraints after the person loses mental capacity.

Add comment | Report
Rusume Thu 12-Sept-24 00:38:38

My late mother refused to give my sister and I PoA as she thought we were trying to get our hands on her "miĺlions" grin. When she eventually did succumb to dementia we had to go to court to get Power of Attorney. Quite costly, as I remember,

Add comment | Report
JamesandJon33 Thu 12-Sept-24 06:27:30

Thisismyname1953. I cannot believe your statement about the next of kin being ‘the person who brings in the nightie*. Although I now believe it to be true. I am the ‘next of Kin’ to my aunt. Also her executor, when she dies and have LPA. She is in hospital and several times I have requested I be informed first of any changes. However the staff keep telling a friend of hers before me, and before I know ,all the village is familiar with the information. Admittedly I live some way away, but surely hospital staff should follow instructions.?

Add comment | Report
Lovemylife Thu 12-Sept-24 07:27:20

Just to add to the excellent advice given earlier about setting up PoA. You can appoint as many attorneys as you wish and choose whether they act jointly or severally. However - “If you’re appointed jointly with another attorney or attorneys and one of you stops being an attorney, the enduring power of attorney ends automatically.”

Add comment | Report
M0nica Thu 12-Sept-24 19:57:14

Lovemylife

Just to add to the excellent advice given earlier about setting up PoA. You can appoint as many attorneys as you wish and choose whether they act jointly or severally. However - “If you’re appointed jointly with another attorney or attorneys and one of you stops being an attorney, the enduring power of attorney ends automatically.”

which is why all joint attorneys should be appointed 'severally and together, so that if one attorney is unavailable, temprarily or permanently, the remaining attorney can continue to act.

A friend's father made her and her DH joint attorneys. Her father died, her mother went into care with dementia and her husband be came seriously ill and died quite young and with all thegrief of the loss of her husband, she was having to contend with having to sort out a new power of attorney for her mother through the Court of Protection. It took her to the edge of the abyss.

Add comment | Report
mabon1 Sat 14-Sept-24 14:46:15

Next of kin can be anyone you want to act for you.

Add comment | Report
JamesandJon33 Sun 15-Sept-24 15:54:38

mabon1 Not so. Literally your next of kin is your nearest blood relative.
That being so you can ignore that and choose whomever you want to act for you. The cat’s mother if you so wish. But they will not be your next of kin

Page 2 of 2 | First | Previous | Next | Last
| Flip | Customise |