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Next-of-kin

16 replies

Dilbertian · 02/03/2020 17:23

If a couple in a settled, long-term relationship are unmarried, do they count as next-of-kin to each other? Do they have the right to make, say, end of life decisions for each other, or would they have to defer to blood relatives?

OP posts:
kimlo · 02/03/2020 17:26

no.

MarieG10 · 02/03/2020 17:46

No more rights than the next door neighbour. The "myth" of common law marriage

FinallyHere · 02/03/2020 18:35

They can arrange power of attorney for each other, which would change things significantly.

GreenTulips · 02/03/2020 18:40

Nope

You can’t give medical consent or arrange a funeral

PotteringAlong · 02/03/2020 18:40

Nope. They need to get married.

SpringFan · 02/03/2020 18:53

That's interesting. DS2 had a difficult experience when a house mate put him and another girl in the house as her NOK. She was admitted to hospital twice following deliberate self harm incidents. Both the hospital and the GP surgery contacted them regularly about appointments and treatment. They had not been asked and only discovered what she had done when I suggested they asked why they were being contacted. She would not change it, and they ended up writing to gp and hospital refusing to be contacted after seeking legal advice through our house insurance The Uni student services got involved as well.
It felt very mean but they both suffered huge amounts of stress.

SW16 · 02/03/2020 18:56

You can name your partner as Next of Kin in any circumstances you like. You don’t have to be married, but you need to state it, on consent it contact information in hospital or state your wishes about who can organise your funeral in your will etc.
www.howellslegal.co.uk/news/post/Next-of-Kin-What-are-my-Rights

HappyHammy · 02/03/2020 19:03

Anyone can be named as nok. Health decisions are made either by having a advanced directive or power of attorney if that is clearly stated.

ChicCroissant · 02/03/2020 19:04

I don't think the term next of kin has the legal weight or implications that we think it does actually, so although there is a tradition of NOK being the spouse or the parents, I do think you can name anyone.

okiedokieme · 02/03/2020 19:18

No unless they have power of attorney. It's one of the reasons that despite not particularly wanting a wedding, I probably will remarry at some point

Dilbertian · 02/03/2020 19:34

From the Citizens Advice website:

There is no legal reason why a hospital should not be able to accept you as your partner's next of kin. In practice, many hospitals and other organisations such as prisons will usually accept the name of someone who lives with you as your next of kin. If you want to name your partner as next of kin, you should insist on this. However, there is little you can do if the organisation still refuses to accept it.

But I'm still not certain.

OP posts:
LemonTT · 02/03/2020 22:04

The CAB advice is correct. Most public organisations will accept that a cohabitating partner has the rights of spouse in terms of care and access. They would tie themselves up in ridiculous knots if they didn’t.

If you were concerned that another person might claim this right then as advised you can arrange legal powers of attorney for health and finances. You should also update wills and insurance policies/pensions.

MarieG10 · 03/03/2020 17:21

That's ok if the person enters hospital and can nominate their next of kin. Unfortunately it is often the circumstances that they are not fit to give details

SW16 · 03/03/2020 17:43

MarieG10, but that's the same for anyone named as Next of Kin - if you can show that you share an address or are named as emergency contact in a passport, how is that more onerous than rushing off to find your marriage certificate or birth certificate to establish NoK status? At a hospital bedside a wife could still be anyone without proof.

Most people who make wills now do POA at the same time, just give your partner POA. Or write it on a slip of paper in your purse.

If you want to get married, get married, but understand that by doing so you give someone half your house and are more likely to get divorced than end up under a bus.

SW16 · 03/03/2020 17:45

5 people have given an incorrect answer on this thread.

Just saying.

LemonTT · 03/03/2020 21:13

SW16 you are so right. Hospitals accept the person living with the patient as the NoK. As do the police and other public organisations.

I don’t know why people persist with this myth that they would even consider excluding a partner from decision making.

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