To ask what happens if someone technically has no next of kin?

[NextOfKinRequired]

Name changed as this is possibly outing.

My partner grew up in care as did his brother. They both grew up in different foster homes and neither was adopted. They re-connected once they were adults.

Now DP’s brother is seriously ill and they’re starting to suggest that he may not survive. He does have a partner but they’re not married and neither are they in a civil partnership, and as he is not currently conscious it wouldn’t be possible for him to sign anything to make his partner his NOK.

Now the question is, given DP is technically his only relative, would he be considered to be next of kin even though they didn’t grow up together and only have a semi sibling relationship?

It also begs the question about what happens if DP falls that ill. If his brother doesn’t survive he will have no next of kin, so what happens then?

Next of kin is not an official/legal thing. It’s absolutely fine for his partner or his brother to be his next of kin. It’s like saying who is your “best friend”. Say unfortunately this man did pass away, who should the hospital call? The mans partner or his brother? x

Next of kin as far as I am aware has no legal standing. I would imagine hospital will contact whoever is in notes or nearest relative if they knew it. but if incapacitated then a welfare power of attorney or guardianship order would be needed. Otherwise the state would deal with things if the person were to die

Why would he need a NOK? For decisions to be made on his behalf? X

When my dad died leaving an insolvent estate, nok was determined through a line.
Spouse
Parent
Offspring
Sibling

So I guess that puts your dp in the line.

I asked my solicitor what would happen if I said I don't want to deal with the estate and she told me I had no choice. My dad had a partner of almost 30 years. Meant nothing.

@ Monsterjam to consent to possible procedures and possibly also the withdrawal of treatment.

I would think that things like that would come down to the Capacity Act and Best interest decisions, if I was the decision maker I/e the doctor stopping treatment I would be consulting his partner about what patients wishes would likely and perhaps your DP as well but it’s not necessary to have a NOK in such situations

Is it likely that your partner and his brother's partner might not agree?

I don't know who the hospital are likely to talk to, but if I was one of the two people involved, I suspect I'd feel that the person who'd known the brother for the longest, should have most say. So if he was with the partner before he re-connected with his brother, she should have most say. If the brothers have been in close touch for ten years but brother has only been with the partner for six months, then... you get my drift.