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Cesarian & unmarried: PoA for DP?(9 Posts)
Hi - who considered how DP (unmarried in UK) would be able to make decisions as next of kin related to complications during planned cesarian section? If you did, what did you do?
Im due in 3 weeks & this just occurred to us...
Did you name him at next of kin on your paperwork at booking in appointment?
I don't know OP, but following as I'll be in the same position and never considered that this might be an issue..
We saw a solicitor before the birth and put in place a Parental Responsibilities Order so that DP could make responsible decision for the health and well-being of the baby (if I was dead/unable).
I think it's easier to state he is next of kin, you just do that, don't need a solicitor.
Ensure DP is named as next of kin on your medical records. Also pop it in your birth notes if you're concerned.
Just be aware that your next of kin can challenge your dp decisions and their word would matter more legally. At least that is what my friend was told by a midwife. How is your next of kin? Would they listen to your dp and agree with his decision?
Hi @Number3or4 - thanks for the comments. My mum would be my next of kin, and she’s quite elderly and would hate the responsibility (plus she’s be the first one to ask why the hell??? If I told her we were getting married as we’ve both been in long marriages previously) my next, next ok kin would be my sisters, 2 of whom live abroad and 1 who couldn’t cope/would really not want that responsibility. I consider my OH my unmarried husband, my family & I totally trust he’d make the right decisions, it’s mainly setting up the legal ability for him to do that.
Given the current situation, it might be the hospital that makes the decisions anyway as there is a chance I’ll be alone when the baby comes (getting admitted next week & have cs date for following week!)
The only way for your partner to have the legal right to make the decisions is if he has power of attorney (for health and welfare).
Otherwise, if you are unable to make decisions (for example unconscious) and a decision is needed (for example about medical treatment) the person who makes the decision legally is the Dr treating you. The law says this Dr should take into account your wishes if known and the views of your friends and family. They would likely give greatest weight to the views of the person you have named as next of kin. However, the Dr does not have to do what your next of kin/family say and must decide what they think is in your best interests. In practice, the vast majority of time family and Drs will agree on the course of action quite easily,. It wasn't something I personally worried about when I went into hospital. But if you want to be certain your partner can make these decisions it has to be power of attorney (or something called Deputyship but that is more complicated).
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