The 'Next of Kin' Myth

20/04/19

 

Often people tell me they do not need a Lasting Power of Attorney for Health & Welfare (or Property & Finances) because they are next of kin.

The bad news is there is no legal concept of a next of kin in that it has no meaning and gives the person no legal rights. It is typically used in a hospital setting as the person to contact in the event of emergency. So, if you lose mental capacity due to a stroke or dementia for example then a loved one won’t be able to make decisions about your health and welfare on your behalf just because they are your ‘next of kin’.

 

The good news is there is a solution - a Lasting Power of Attorney. A Lasting Power of Attorney is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you cannot make your own decisions (you ‘lack mental capacity’)

 

Your attorneys have the power to make decisions about things like:

 

          your daily routine, for example washing, dressing, eating

 

          medical care

 

          moving into a care home

 

          life-sustaining treatment

Without it decisions are made between family members, social workers and doctors with the decision-maker - the person with the final say - being the social worker or doctor. To prevent that from happening and ensuring the people who know you best make the decisions on your behalf you should make a Lasting Power of Attorney.