The term “next of kin” in the UK has no legal definition in law and may not necessarily refer to a blood relative, however many people rely on the concept of next of kin.

During lifetime, hospitals, care homes and other organisations allow anyone over the age of 18 to be nominated as your next of kin. Your next of kin does not need to be a blood relative, it can be a friend or neighbour.

Can my next of kin make decisions on my behalf during my lifetime?

Being nominated as someone’s next of kin does not carry any legal rights and you have no official duties or responsibilities about a person’s care or treatment. If you wish to give someone legal authority to make decisions about your finances or your care and health you will need to make a Lasting Powers of Attorney.

Lasting Power of Attorney (LPA)

A Lasting Power of Attorney (LPA) is a legal document which allows you to appoint one or more people who you trust (Attorneys) to manage your affairs and make decisions on your behalf, should you become mentally incapable of doing so yourself.

There are two types:

‘The Property and Financial Affairs LPA’:

Allows your attorneys to make financial decisions, manage your bank accounts, bills (including care home fees), pensions, and can even allow them to sell your home.

‘The Health and Welfare LPA’:

Allows your chosen attorneys to make decisions about all aspects of your health and welfare for example, attending GP appointments with you, access to your medical records, decide where you live and potentially make decisions about life sustaining treatment.

If you lose mental capacity and you do not have an LPA in place your loved ones may struggle to assist you with both your financial affairs and your medical decisions. Banks and other financial providers will often freeze accounts and they will not allow access until someone is legally appointed to act. This applies even to joint accounts.

To ensure you have someone to make decisions for you should make LPAs and not rely on the term ‘next of kin’.

Can my next of kin make decisions on my death?

The role of next of kin should not be confused with the role of personal representative. A personal representative is the person whose job it is to trace assets and distribute an estate to the beneficiaries.

Again, as during lifetime, on your death if someone is appointed as next of kin it does not come with any legal rights and responsibilities.

When someone passes away the duty of administering an estate is not down to the next of kin, it is the person/persons who are appointed under a Will as Executors, or if there is no Will then the Administrators identified under the Intestacy Rules will need to act.

The next of kin will not automatically receive any inheritance rights either. In the event there is no valid Will the ‘Rules of Intestacy’ provide a strict hierarchy of living relatives to inherit. Where this is a valid Will the people named as beneficiaries will inherit.

To ensure that the right people are appointed to administer your estate on death it is important to make a Will to ensure the people administering your estate are the people you want and trust to deal with matters. If you already have a Will in place it is important you review this to ensure your chosen Executors are still who you want to appoint.

It is therefore important you do not rely on the concept of ‘next kin’ to assist with decisions during your lifetime or to deal with your estate on death.

How Timms can help

If you would like more information on LPAs, Wills and assistance with the administration of an estate please do not hesitate to contact me on m.lovell@timms-law.com or 01283 561531.