Next of kin query

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My close friend goes into hospital for surgery next week. It's not life threatening in itself, but he does have a serious chronic illness. He's estranged from his one surviving relative, his sister, and doesn't trust her at all. He says he's putting me down as his next of kin, so that the hospital will tell me if anything awful happens.
I am also the executor of his will and I believe one of the beneficiaries. He's left me spare keys to his house and car - just in case.
I understand why he wants me as next of kin, and am fine to help him in any way I can. My concern is whether legally this could get me into a sticky situation if there are any problems. How would it be if for example they want to consult me about turning off life support? I know what his wishes would be, but if his sister wanted to intervene and do the opposite? Or if I followed his wishes and she wasn't happy when she found out?

And I guess any other complications that you see arising from this, and if so what we should be doing.

Thank you

Perhaps you need to ask your friend this question so everything is clear, and perhaps he should put it in writing as an add on to his will?

Im not sure you would be his legal next of kin in terms of serious decisions like this - its why powers of attorney exist and why people get married as both of those give you a legal right as next of kin. His sister might trump you in terms of legality.

I hope you don't mind me asking - are you giving legal advice or informed opinion? We're not going to get married - we are friends not lovers! Would the correct legal route be for him to give me power of attorney? He does not want his sister to make decisions about his life, or to be the first informed if he passes away. He wants it to be me.

...I'm thinking no point putting this in his will as that is enacted after he dies surely?

Civil partnership maybe?

Next of kin is not a legal thing, it simply means who the hospital will call first.
if no power of attorney appointed then the clinical team will make best interest decisions based on discussion with people who know him well.
He should consider appointing you as power of attorney if he would like you to represent him in the event he cannot represent himself.

We're not partners, we're friends!

You'll never get a lasting power of attorney drawn up and executed in a week. But that would be the best solution to your problem.

A simpler alternative would be for him to make an advanced decision (aka living will) setting out his wishes for medical treatment in the event that he becomes incapacitated and cannot make medical decisions for himself.

beta.compassionindying.org.uk/living-will-advance-decision/

Thank you, that seems like sound advice. We've been talking about "arrangements" a lot at the moment to give him peace of mind on some things, so I'll discuss this with him.

Next of kin has no legal status.

Even if you are married you don't have any more 'legal rights' to make decisions on behalf of someone than Bob the window cleaner.

The only way you can get legal rights to make decisions is through a Lasting Power of Attorney, or a deputyship/guardianship agreed by a court in some circumstances.

If no one has a LPOA etc then any decisions would be made by the local authority or by the hospital/ CCG under the mental capacity act.

Your friend can also make an 'advanced decision' about medical decisions which sets out his wishes without placing the burden on someone else to decide on his behalf.

Thank you also Pinotpony.

My experience has been that the hospital rely on the wishes of the patient in terms of who to contact, and take instructions from for next of kin. My parents were in the process of separating when my Dad became very ill. My sister and I, plus my Dad's brother were put down as next of kin, and we were the ones who took decisions about his care, e.g. at one point agreeing to a Do not resuscitate order.

Once my Dad recovered, he asked his solicitor to set up a Power of Attorney for us. There are now 2 types of Power of Attorney - health and financial. It could make sense for your friend to look at doing this too, as it would allow you to deal with paperwork and health decisions for him.
www.ageuk.org.uk/information-advice/money-legal/legal-issues/power-of-attorney/#:~:text=A%20power%20of%20attorney%20is,to%20make%20your%20own%20decisions.

As your friend has a chronic condition, a situation could well arise when he’s unable to deal with his own affairs, even temporarily, and you need to step in. . His (and your) best option is appoint you to act on his behalf by drawing up lasting powers of attorney
www.gov.uk/power-of-attorney
There are 2 types of LPAs; one covers finances and the other deals with health and welfare issues. Being appointed as his attorney gives you the legal authority to act on his behalf, in his best interests, and to look after him.

Definitely Power Of Attorney for health & also separately for finance. If you’re good at form filling, you can do it yourself. Just read the guidance v v carefully.
Maybe he should tuck his passwords away somewhere only u know how to find them in a sealed envelope. This will help get all sorts of stuff sorted.
I hope all goes well & your dear friend will make a speedy recovery.

www.royalfree.nhs.uk/patients-visitors/advice-and-support/next-of-kin/

Might be useful.

Thank you everyone for your advice. It really is helpful, we'll have a chat about this.

If you do some googling you'll see that there's no such thing as legal next of kin in the UK. It would ultimately be down to the doctors to decide what would happen in a situation like turning off life support. As nominated next of kin they might consult you about your friend's wishes but you wouldn't make the decision.

(Informed opinion rather than legal advice)