The legalities of being nominated as Next of kin

Primrose

I've just discovered that somebody on entering hospital recently nominated me as their Next of Kin, despite having closer relatives.


I was a little shocked as I wasn't asked beforehand and wonder what legal obligations this might have imposed upon me had he become critically ill after surgery, had an unexpected stroke, or even worse, died. I'm no longer of the age where I could cope with having the the legalities or expense of organising a funeral, etc thrust upon me and wonder what would have happened if he had died, the authorities had contacted me and I had told them I was unable or unprepared to act in this capacity. What would happen then? I have no contact details for any of his relatives.

gettingtheresometime

I think that as NOK you would have been the first call had he died or the authorities need someone to make a decision regarding his care / treatment.

As for being responsible for his funeral costs it's the estate that would pay and if there wasn't enough money to pay the general rule is to allow the council to sort it out and not get involved at all

But yes you're right you'd expect him to have asked first

barbarawright

To be fair, I didn't bother to ask the people I listed on my passport as . next of kin (I'm sure I'm not alone in choosing a younger relative rather than an elderly parent). Ditto when I've been asked to name someone to be cointacted in case of illness when I've entered sporting events. Hopefully this duty isn't going to involve switching offf life support...

elsien

Next of kin don't make decisions about treatment - legally they don't have the right, although many people believe otherwise.

If the person has capacity they make their own decision. If they don't have capacity then next of kin and family are consulted but the final decision is that of the professional in charge of the person's care, having taken those views into account.

With regard to funerals, these are the responsibility of whoever chooses to instruct the funeral director.

silvercar

If the person has capacity they make their own decision. If they don't have capacity then next of kin and family are consulted but the final decision is that of the professional in charge of the person's care, having taken those views into account.

Having been in this situation, I can confirm this is true, but the professionals do consult the next of kin and that can make a difference.

ripplyuk

You should feel flattered OP. They obviously thought very highly of you.

The next of kin will be consulted in terms of medical decisions but ultimately the NHS will make their own decisions on what is best (or most cost effective for them). You could make a massive difference though, by voicing your opinion and/or threatening to make a fuss.

If you refuse to have anything to do with any of it, no one is going to force you. The estate/council will pay for any expenses and you won't be held liable.

Perhaps you might inherit something 🙂.

Kynthia

Telling the hospital you are next of kin just means they'll keep you informed and should any decisions need to be made when they can't do so your opinion will count. It doesn't impose any legal obligations on you and doesn't make you executer of their estate unless they've named you so in their will. It's their executer that would deal with their finances, legalities and distribute any inheritence should they pass, although family and friends can work together to do other actions like arrange the funeral.

Primrose

All kinds of thoughts go through your head in this kind of situation which concerned me, i.e.

Had he made a will?
Where is it?
Who are his executors?
What do the hospital do?/ who do they contact if the surgery ends up in a fatality and I could not act?

Lily-Rose_3

I would look into it a LOT more, and find out what you will be legally responsible for.

A few years ago, a friend of mine (in her 30's) had a great-aunt who was her grandad's brother's wife. (She and the great uncle married in their 40's, no kids on either side, and he died a few years after they got married.) The great-aunt had one sister who died in the 80s, and 2 nephews who she saw a couple of times a year.

My friend and her father went to see the lady a few times a year, and occasionally she went on her own, taking the 2 kids with her...

Then about 7 years ago, the great-aunt became ill and quite infirm after battling cancer. My friend went to the hospital to see her and took her 2 kids (aged under 10.) After a few weeks, the lady was on the mend but was a bit weak... The nurse collared my friend and said about the great-aunt 'she will need lots of care and nurturing, and will basically need to move in with someone; she can't be alone...' Then she looked wide eyed at my friend. Upshot is my friend had been named as the next-of-kin, and was seemingly expected to take the great-aunt in and care for her.

My friend said 'I'm sorry, but I have 2 young kids, only 2 bedrooms, and a job, I am not able to take her in and look after her.' (She was just a great-aunt too, who she saw 5 or 6 times a year - not her mother, and the great-aunt did have 2 nephews.) The nurse said 'I see...' gave her a dirty look and walked off.

Next time she went to see her great-aunt (3 days later,) another nurse told her the great-aunt didn't care to see her. Obviously the other nurse had told her what my friend had said.

When she rang her a few weeks later (after she'd returned home,) the great-aunt said 'I have no time to talk, I am entertaining my carer' and put the phone down!

So all I am saying is that if you ARE named as 'next of kin,' be careful, because you don't know WHAT they will expect of you! :eek:

DigForVictory

All being well, this very dodgy chalice will pass from you. However, in the meantime, do you know who the closer relatives are, where they are & have you their phone numbers? As while Somebody may not next their family having any say in their treatment (or indeed knowledge thereof), they may have plans in place for a Will etc.
Give yourself some peace of mind & Ask Them?! Mere NOK status can be a burden or just an administrative formality, but if there's no Will etc, it can all start to slide into unnecessary painful & messy spirals.

Hoping Somebody recovers fully & takes back the reins of their family chariot, or has the grace to clarify just what they are asking you to haul...!

Alderbank

Primrose, you asked about legalities of Next of Kin.

If you are in the UK the answer is easy - there are none. NoK has no legal meaning at all in this country.

Other countries such as USA are different. It is a specific legal term in the US and often crops up in legal or hospital dramas. I think that might be why people think it means something here