Quick question regarding next of kin

[rocketeer]

Hi, if dh and i are married (have been for 9 years) am I his next of kin and not his mother? And is this automatic? If he is ill can she have any authority over his care and what happens to him? Sorry to be abrupt but trying to type on my phone. Thank you

[titchy]

Yes of course you are - why on earth would his mother be nok? (Not sure nok actually has any legal definition though.)

[rocketeer]

She seems to think mother trumps wife. I think I really need to speak to the doctors but thanks so much for replying, I have crap signal but can somehow get on mn!

[mellen]

Neither of you have automatic authority over his care if he can't make decisions for himself (though it is likely that your views would be sought by the medical team looking after him). If he wants one of you to then he should look into power of attorney. If you are in England try googling 'Mental Capacity Act' if you are in Scotland it is the 'Adults with Incapacity Act'

[HappyAsASandboy]

From here, the Mental Health Act lists relatives in order:

Husband or Wife
Son or Daughter
Father or Mother
Brother or Sister
Grandparent
Grandchild
Uncle or Aunt
Nephew or niece

Hope that helps

[rocketeer]

Thanks. She wants authority if his care even though he is mentally sound and thinks I am not capable to make decisions. Its all very sad and I can slightly see her pov as he is her son, I'm just worried she will try and go behind our backs, she is very forthright and a bit of a bully tbh

[mellen]

If he is mentally sound then neither of you have any rights over his care. It is what he wants to consent to that is the relevant thing.

[PenelopePipPop]

mellen is right. And if he loses the mental capacity to make a decision for himself then it is what is in his best interests that counts, the decision maker on medical matters will be his treating team but they will need to take into account the views of anyone concerned in the person's welfare (s.4(7) Mental Capacity Act) which would include you and his mother probably. But neither of you trump each other, and there are a lot of other factors to be taken in to consideration when making a best interests decision under s.4 Mental Capacity Act. In practice they will not just do what she says - absolutely not! She has no legal authority in this situation, and their only duty is to listen to what she thinks would be in her son's best interests since that can help inform their decision.

I take it your DH is in hospital. Hope he gets well soon.

[rocketeer]

Thanks. Yes he is in hospital and the signal there is rubbish! Had a lovely chat with Macmillan and a guy from the CAB who was running a drop in session in the Macmillan lounge and feel a bit calmer and understand where we stand a lot better. Thanks for the quick replies though, it was really helpful.