What if I dont want a next of kin?

If you have not chosen a next of kin, it will usually be assumed to be a close blood relative, spouse or civil partner. They will be kept informed about your care.

Is next of kin mandatory?

Next-of-kin status is irrelevant unless the decedent was married and lived in a community property state. If so, by law, the surviving spouse is entitled to an equal portion of any funds earned or accrued during the marriage, unless the spouse had signed a waiver.

Can you have no next of kin?

If there is no close family If someone dies without a will (also known as dying intestate) and has no traceable next of kin, close relative or friend, their unclaimed estate will be passed onto the government and a public health funeral (or pauper’s funeral) will be arranged by the local council where the person died.

What is the law on next of kin?

A ‘next of kin’ is a traditional term which typically refers to a person’s closest relative. In fact, the only situation where someone’s next of kin automatically has the legal right to make decisions on their behalf is when the person is under 18 and their next of kin is their parent or legal guardian.

How do I change my next of kin law?

If your nearest relative doesn’t want to be your nearest relative, they can give their powers to someone else, as long as that person agrees. To do this, the nearest relative can write a letter to tell the hospital that they are choosing someone else to act in that role.

Is next of kin a legal term UK?

There is no universal legal definition of next of kin in the UK, but there are particular circumstances where the phrase is used in legislation. In the Mental Health Act 2005 there is a list of family members in obvious priority order – spouse, child, parent, sibling, grandparent, grandchild, uncle/aunt, nephew/niece.

Can I change my next of kin?

Yes. If your nearest relative doesn’t want to be your nearest relative, they can give their powers to someone else, as long as that person agrees. To do this, the nearest relative can write a letter to tell the hospital that they are choosing someone else to act in that role.

Who is my next of kin if I am single?

Next of kin is a term used to describe your closest living relative or relatives. You may be asked to name someone as your next of kin if you’re in hospital or if you’re taking part in an activity with a certain level of risk – such as a skydive or bungee jump.

What rights do next of kin have if there is no will?

The next of kin may have a legal entitlement to deal with an estate where there is no will. However, in order to have the legal right they would have to apply to be appointed as an Administrator of the estate. This involves applying for a Grant of Letters of Administration.

Who is my next of kin?

Next of kin is not something you can choose. It just is. Whomever is your closest living relative is your next of kin. However, that person need not have legal standing in your life if you don’t wish it.

Who is your next of kin if you have a civil partnership?

In the case of a married couple or a civil partnership it usually means their husband or wife. Next of kin is a title that can be given, by you, to anyone from your partner to blood relatives and even friends. It is also possible to name more than one person as your next of kin.

What are my rights as next of kin in medical records?

Being named as next of kin in medical records does not give you legal rights to make decisions for a person who is unable to make their own decisions. This can create difficulties – if you do not have any legal rights, you cannot make decisions on their behalf. What if you have not given rights to your Next of Kin?