What decisions can a next of kin make?

Your next of kin does not have legal decision-making authority without an EPA or LPA (unless they have been appointed by the Court of Protection). This creates a legal decision-making authority that would not exist for your next of kin otherwise.

Who is responsible for making best interests decisions?

The decision maker
The decision maker is responsible for determining the person’s best interests. They must be able to demonstrate they have adhered to all the requirements of section 4 of the Mental Capacity Act 2005 and Chapter 5 of the Code of Practice.

What 3 decisions Cannot be made on behalf of another?

Some types of decisions (such as marriage or civil partnership, divorce, sexual relationships, adoption and voting) can never be made by another person on behalf of a person who lacks capacity.

Does your next of kin make medical decisions?

Common roles the next of kin might take on include: Communicating with medical staff on your behalf. Making decisions about medical treatments if you are incapacitated and can’t do so yourself. Contacting a funeral home or crematory at the time of need.

Can you make a best interest decision for a person who has capacity?

A Best Interests decision is a decision made for and on behalf of a person who lacks capacity to make their own decision. A Best Interests decision should, wherever possible reflect the decision that the person lacking capacity would make for themselves.

Who is responsible for assessing mental capacity?

Who assesses mental capacity? Normally, the person who is involved with the particular decision which needs to be made is the one who would assess mental capacity. If the decision is a complex one then a professional opinion might be necessary, for example the opinion of a psychiatrist, psychologist, social worker etc.

Does Next of kin have power of attorney?

No. The term next of kin is in common use but a next of kin has no legal powers, rights or responsibilities. In particular, they cannot give consent for providing or withholding any treatment or care.