Jane was inspired to write this blog after attending a recent conference. It featured a guest speaker, Professor Keith Brown, an eminent expert who advocates for families who face enormous challenges when they don’t have the right authority to help their loved ones at a time when it is needed most.
Things we should all know!
Injuries or illness can happen at any stage of your life. Anyone can become incapacitated and what happens then to health decisions?
It’s a common misconception that if you have a partner / children / parent you will have a next of kin that can make decisions for you when you’re not able to do so.
Sadly there are many misconceptions of what rights your next of kin has and the things they can do – here are just a few of them.
Myths about Next of Kin
1 I’m married or in a civil partnership so of course I will always be able to act for my partner if they are unable to act for themselves
Incorrect
2 I am the parent of a child over 18. They are single so of course I will be able to act for them and give instructions on their medical needs.
Incorrect
3 I have a partner I have lived with for many years, and we have children together so I am obviously their next of kin.
Incorrect
4 I have nominated my next of kin before I go into hospital so they will be able to give directions to the doctors if I am unable to do so.
Incorrect
5 Nominating a next of kin will allow them to have access to my medical records/Will and important documents.
Incorrect
So what does next of kin mean then ?
In law next of kin has no status unless it is for a child under 18. For adults it is normally your nearest blood relative, or spouse/civil partner. You can actually decide who this is.
Organisations ask you who your next of kin is so they can keep them advised of your condition. They also keep you up to date about decisions they have made on your behalf. It’s also the person they notify of your death.
The next of kin may be consulted with and kept informed, but the doctors will – if they consider it appropriate – make the decisions.
How do I then ensure that my next of kin does have the legal rights?
By appointing your next of kin (and others) in a Lasting Power of Attorney.
There are two types of LPA. One for Health and Welfare and one for Property and Financial Affairs. Having both in place is the only way those you love and trust have the right to speak for you and/or take actions on your behalf.
You can decide what authority you give them. This can include what decisions they can make, how they may work together and when you would like them to act. You can also give them guidance about what you may like them to do. But nominating a next of kin without this authority actually allows them to do very little of that.
How can we help?
We provide a comprehensive, professional and friendly service to help you ensure those you love and trust can, and will, be listened to. If you are local we can visit you at home or you can come to our offices to discuss this in detail. Or we can meet you over video and do the same.
We encourage you to consider lots of scenarios. That helps you to think about guidance for the the future to your next of kin and others you appoint. We prepare all the documents for you, ensuring everyone has signed properly. And then we submit the LPAs for registration by the Office of the Public Guardian. We look after all this until the documents are legally registered and ready to use. We can even store them securely for you until they are needed !
You can request our simple guide to our services here or give us a call on 01524 571032