Not married - next of kin?

[heidiwine]

My DP and I are not married. We have been together for 20 years. We don’t have children together but he has three grown up children from a previous relationship. We are executors of each others wills. We both have power of attorney over the other.
I have recently been told by someone in a not dissimilar position that I will not automatically be his next of kin, his children will be. So if he was to die unexpectedly his grown up children would be consulted before me about significant decisions eg organ donation.
Any legal people on here know if a) this is correct and b) there is anything we can do without marriage/civil partnership to make me his next of kin?
It’s not that I wouldn’t want his children involved in these decisions I just wouldn’t want them to have the burden of them if the worst was to happen.

Your power of attorney means you will make all decisions whilst he is alive (assuming you have both health & welfare and property & financial POA).

If he died, you, as his executor, would be responsible for organising his funeral and dealing with his estate.

Regarding organ donation, if he hasn't recorded a decision, the starting position is that the donation should go ahead. The family will be asked to support his decision before any organ donation goes ahead. That would normally include you, especially if your husband dies in hospital and names you as his next of kin when he is admitted.

Are there any other decisions you are worried about?

UK law does not have any clear rules around who is your next of kin. However, as you are not married or in a civil partnership, if he were to die intestate you would not be able to administer his estate, nor would you be entitled to inherit. As you have made wills, that is irrelevant.

Being his long-term partner does not give you any rights. If you really want to be sure that everyone will accept that you are his next of kin, the only way to achieve it is to marry him or enter a civil partnership with him.