What legal rights does your next of kin have?

Last updated: October 2024 | 4 min read

Often people assume that because they are related to someone, or a close friend, that they have rights in law regarding their care in emergency situations.

This article explains the legal rights, responsibilities, and limitations of next of kin status in healthcare and financial decisions.

In the UK, there is no real legal definition of 'next of kin'. The concept has come from 19th century intestacy law that decides who receives an inheritance when there is no last will and testament.

The absence of a clear legal definition frequently leads to disputes among family members regarding decision-making authority for money matters or medical care. It is not helped by the fact that the term is often used by healthcare professionals to mean a 'close family member' despite the term's ambiguous legal status.

Particularly in hospital TV dramas we hear doctors and nurses with script lines such as 'he doesn't have long...notify his next of kin'.

Who is considered next of kin in the UK?

A generally accepted next of kin hierarchy in the UK follows this order (the same as for inheritance rights):

  • surviving spouse or civil partner

  • children (including legally adopted children)

  • parents

  • brothers and sisters

  • grandparents

  • aunts and uncles

  • nieces and nephews

  • close friends.

The problem with this hierarchy (other than that it has no legal basis), is that it doesn't account for contemporary family structures with blended families and long-term partnerships outside marriage or civil partnership.

It means unmarried partners and step-family members frequently encounter difficulties establishing that they are close family members, even if not by blood or marriage.

Regardless of the closeness of the relationship, even if you're the nearest blood relative, next of kin have limited legal rights in medical choices and financial matters. A person's blood relationship to another person, means very little in law.

To have full decision-making power you need to have lasting power of attorney ('LPA').

What medical decision-making rights does a next of kin have?

Without an LPA, next of kin are restricted in what medical choices they can make for an incapacitated person. They have no legal right to choose care options, even if those choices are in the best interests of the person in care.

Doctors might ask you about treatment options, end-of-life care, and organ donation. But you can't refuse treatment on your family member's behalf without a lasting power of attorney for health and welfare. That makes advanced planning (before capacity is lost) all the more important.

What financial decision-making authority does a next of kin have?

Next of kin also have limited financial authority. They cannot legally manage someone's finances. In fact, if they try to do so (such as taking money out of a cash machine), they may be breaking both the bank's contract and the law.

You might be able to do certain things, such as pay medical expenses or day-to-day bills on behalf of your family member using your own money. But you can't move money between their bank accounts, or pay bills directly, cash in a pension or welfare payment or choose to sell investments.

Again, an LPA would be needed to do this. In this case, a financial one.

How do advance directives affect next of kin rights?

Advance directives and living wills are legal documents that state your healthcare preferences.

They allow you to set out your medical wishes in advance, ensuring your voice remains clear even if you're unable to communicate or pass away. Advance directives can restrict or take precedence over next of kin decision-making rights in healthcare situations, ensuring that your own choices are followed, even if blood relatives disagree.

For example, if you've stated in your advance directive that you don't want to be placed on life support, your next of kin can't override this decision.

What is the difference between next of kin and power of attorney?

Next of kin generally refers to your person's closest living relative. They may be consulted about your care but cannot make legally binding decisions.

Lasting power of attorney authorises the appointed person to act legally on your behalf, granting them control over financial matters or health decisions.

Power of attorney and lasting power of attorney are often confused.

Power of attorney is a short-term right to do something while the person conferring the power is unable to do it themselves (perhaps they are not in the same location, or don't have time). For example, you might give your neighbour power of attorney to withdraw money from your bank to pay a plumber while you're away.

Lasting power of attorney is a right to act on behalf of someone long-term either or both in respect of financial affairs or heath and welfare decisions. Health LPAs start when you lose capacity to make decisions for yourself. Financial ones can be started earlier.

What types of power of attorney exist in the UK?

There are types of lasting power of attorney (LPA): one for health and welfare, another for property and financial affairs.

Putting legal documentation in place is really important - even if you are young. Only 15% of the UK population has an LPA. The reason is that other people have a legal obligation to follow the instructions of the people you nominate as your attorneys. Without these documents, they may, but they aren't obliged to do so. Remember to make a Will as well as an LPA.

Health and welfare LPAs allow your attorney to make decisions about medical treatment and care when you lose mental capacity.

Property and financial affairs LPAs give rights for managing bank accounts, paying bills, and selling property, and can be used immediately if the donor permits.

Both documents allow you to give preferences and instructions for your care.

What rights do unmarried partners have as next of kin?

Unmarried partners in the UK have fewer legal protections and rights than married couples or civil partners. They are less likely to be considered next of kin than a distant blood relative.

Medical decision-making, inheritance, and financial matters present significant challenges for unmarried partners.

Without legal recognition, hospitals might prevent unmarried partners from participating in medical decisions for their partner. Hospitals might even restrict them from visiting their partner.

How are step-family members considered in next of kin rights?

Step-family relationships are also not considered next of kin in the same way that biological or legally adopted relationships are.

Inheritance laws prioritise biological or adoptive family members over step-relatives. In medical emergencies, step-parents may lack authority to make decisions for stepchildren. Financial institutions often do not recognise step-relationships when managing accounts or assets.

What responsibilities does a next of kin have?

As a next of kin to someone you might arrange home care, manage finances, communicate with family members, inform relatives, and be proactive in making funeral arrangements and planning memorial services.

These responsibilities stem from moral, not legal obligations.

What are the next of kin rights in cases of mental incapacity?

The Court of Protection intervenes when someone does not have mental capacity and no lasting power of attorney is in place. It makes decisions on financial or welfare matters for people unable to decide at the time they need to.

Without a lasting power of attorney in place, next of kin status has restricted legal standing in cases of mental incapacity.

How can next of kin communicate effectively with healthcare providers?

Communication between close family and healthcare providers allows for better patient care and informed decision-making. A 2021 survey showed that 85% of UK healthcare providers said that family input improves patient care outcomes.

Most healthcare providers are likely to give you status updates if you're a close relative. They may also take in account some things you say about your family member's likely wishes, even if you're not legally entitled to direct their care.

To effectively represent your relative's healthcare needs and preferences:

  • keep clear records of medical history and preferences;

  • ask questions about treatment options and potential outcomes;

  • obtain second opinions when necessary;

  • understand patient rights and hospital policies; and

  • communicate the patient's wishes clearly to healthcare staff.

For example, if your father has always refused blood transfusions, tell all healthcare providers involved in his care.

How can someone change their next of kin?

To update your next of kin, revise your medical records with your preferred person. The law doesn't require you to name a blood relative as your next of kin.

Create a lasting power of attorney to give someone legal authority over your affairs. Draft a valid will that names decision-makers for your deceased person's estate. Inform hospitals, care providers, and other relevant parties about your new next of kin and emergency contact.

Frequently asked questions

Can my unmarried partner make medical decisions for me?

Unmarried partners don't have automatic recognition as next of kin under UK law. Without a lasting power of attorney for health and welfare, they can't legally make medical decisions for you. This legal document allows you to appoint someone to make choices about your care if you're unable to do so.

There are ways you protect yourself if you are unmarried.

Do I have the right to access my adult child's medical information?

Being a parent doesn't automatically give you access to an adult child's medical information. Patient confidentiality laws protect this data. Your adult child must provide explicit consent for information sharing.

Discuss this topic sensitively with your child, expressing your concerns and respecting their privacy rights.

Can I override my parent's advance directive as their next of kin?

Properly executed advance directives take precedence over next of kin wishes. These documents ensure the patient's own choices are followed. You can't override your parent's advance directive.

Instead, discuss advance directives with your parents while they still have mental capacity to make decisions. This allows you to understand their wishes and ensures their preferences are documented legally.

What happens if there's a disagreement among family members about medical decisions?

Disagreements about healthcare decisions often lead to mediation or, in severe cases, court intervention.

Clear communication and documenting wishes in advance can prevent such conflicts. Family meetings with healthcare providers can clarify medical options and help reach consensus. Patient advocates can also assist in resolving disputes. Courts may appoint a legal guardian to make decisions if they can't agree - a situation better avoided through proactive planning and open dialogue.

How can I ensure my wishes are respected if I become incapacitated?

To ensure your wishes are followed if you become incapacitated, appoint a lasting power of attorney for health and welfare and for financial matters to make decisions on your behalf.

Discuss your wishes openly with family members to prevent misunderstandings. Keep all documents easily accessible.

CallTalk to us about making a Will

We are happy to answer any questions you have. Arrange for us to call you.

© 1999 - 2025 Net Lawman Limited.
All rights reserved