It is not uncommon to be asked who your next of kin is, such as during a routine hospital visit or when registering with a new doctor or dentist. Often, your next of kin is a spouse, parent, or adult child; however, several myths circulate around the concept.
1. Next of kin must be a relative
This is not a requisite of being a next of kin. A person can nominate whoever they wish, which might be a relative, friend, or neighbour.
2. Documentation is not needed to prove next of kin
If the patient has clearly stated their next of kin, either verbally or on a form in the hospital, there is no need for any documentation; however, if the patient is unable to clearly state who their next of kin is, such as if they are unconscious, a person may need to prove their next of kin status.
3. A next of kin can answer for you if you lose capacity
While a person may nominate a next of kin to be notified in emergencies or to act as a support in difficult situations, this doesn’t give them the right to act on their behalf and make financial, property, or health decisions for them if they lose capacity due to a condition such as dementia. A power of attorney is needed in this case.
Planning ahead with a power of attorney enables anyone to formally nominate someone – or more than one person – to make decisions on their behalf if they are unable to. Without this document, medical staff will make decisions in the person’s best interests. You can prepare a power of attorney online through a company such as powerofattorneyonline.co.uk.
4. A next of kin can answer for you if you are unconscious
Again, next of kin does not give the named person the power to make decisions if they do not hold power of attorney. It just means the next of kin can be updated on the patient’s condition.