next of kin

DH and I were 28 when we made our first will. We made them shortly after our first child was born to make sure that if anything happened to us he would be cared for by people of our choice and to make sure that our assets, little though they were then, were used to his best advantage.

Thanks, FlicketyB we had POA in place for my mum.

I will gently mention the will not something a 28 yr old wants to think about. It does make sense though.

ninathenana A POA comes into effect either when the person granting it chooses to activate it or on application to a court when someone becomes unable to manage their own affairs, dementia is the obvious cause.

My uncle chose to activate his POA and hand the management of his affairs to me when he went into care after a serious depressive episode. He was entirely in his right mind but just didn't want to grapple with the practicalities of life anymore. My DF did the same when physical illness made managing his affairs difficult.

I would reiterate what Coolgran65 said about making a will. A POA dies with the person who made it. If he wants someone other than his estranged wife to organise his funeral, tidy up his affairs after death, even just ensure that all his personal effects go to your DD then this can only be done through a will.

Thanks for all the good wishes for M.

That must be a huge relief, many best wishes to you all

Should be DD.

I don't think a legal separation makes any difference - DD s partner would still be married. He needs to make a Will stating his wishes, we all do, it's not just about estate and finance.

Hopefully none of it will be required, but each of us should be prepared in any event. Especially if there is the possibility of a malicious intervention.

I hope all goes well for your CD and her Dp.

I have just read that a legal separation costs £365 there is no way he could pay that. His estranged wife left him with only a suitcase of clothes (changed the locks whilst he was working away)

He has no assets to leave in a will. I thought POA could only come into effect if the person had lost mental capacity ??

Having said all that, he's had a rough time but as from yesterday he is home and doing well

I hope your DD's partner gets better soon.

A lasting power of attorney concerning health and welfare decisions would enable your DD to take charge of that side of his case; a financial POA would enable her to make his financial decisions.

Nina I just wonder if, and I very much hope it's unnecessary, he's voiced/ written his will and wishes should (heaven forbid) he die.

Is he legally separated (I presume not divorced)when I assume your DD would be NoK?

I do hope you're worrying unnecessarily, very much hope all goes well ((hugs))

Patients are often requested to recommend a next-of-kin by hospitals when they admitted in the hospitals. Hospitals will then inform the next-of-kin that the patient has been admitted and hospital will also inform the next of kin if the doctor will see any change in his health condition. If the patient is unconscious or incapable to state their next-of-kin, hospitals will generally list their nearest blood relative, though there are no particular rules.

His certainly is vampire malicious phone calls to SS and all sorts.

Thanks kitty slowly getting there we hope

Be careful. It's not just about leaving an estate. There was a case recently when the ex-wife and family took the body, organised the funeral etc which was totally different to the one the deceased would have wanted and banned the partner from attending. Exes can be extremely vicious at times.

Hope he gets well soon Nina!

Thanks vampire her concern is purely regarding decisions about his welfare. He has no 'estate' bless him

I got all the bumpf off wiki btw

The term has no legal definition in the United Kingdom. An individual can nominate any other individual as their next-of-kin. There is no requirement for the nominated person to be a blood relative, although it is common. The nominated person must agree to the nomination, otherwise it is invalid. The status of next-of-kin confers no legal rights and has no special responsibilities, except as referred to below in the specific context of the Mental Health Act.

The status of next-of-kin does not in any way imply that they stand to inherit any of the individual's estate in the event of their death. The intestacy rules[3] stipulate who inherits automatically (in the absence of a will); an individual can make a will and nominate other persons. If a minor inherits (children inherit from parents even in the absence of a will[4][5]), then, until the child is 18 years of age, there is a "trust" imposed, which means that the executors or trustees of the will remain responsible for the assets until the child is 18.[6] The term "next of kin" should not be confused with parental responsibility.[7]

In the context of health care, patients are often asked to nominate a next-of-kin when registering with their general practitioner, or alternatively on admission to hospital. Hospitals will then notify the next-of-kin that the patient has been admitted or if there is any change in their condition. If the patient is unconscious or otherwise unable to state their next-of-kin, hospitals will usually list their nearest blood relative, though there are no specific rules. Doctors attempt to seek the views of the next-of-kin when considering decision making for unconscious patients or those who lack capacity. The next-of-kin has no power to make any decisions regarding medical care, only to advise, and can neither override the previously stated wishes of the patient nor prevent the medical team acting in what they consider to be the best interests of the patient.

Traditionally, unmarried partners (especially same sex ones) were often excluded by certain institutions, but this has changed in recent years due to the increase in cohabitation in the UK, and in diverse families, such as those formed by unmarried partners with children (47.6% of children were born outside marriage in 2012 [8]). As a result of these social changes, the policy in most NHS trusts is to ask a person on their admission to hospital to nominate their next of kin formally.[9]

Powers similar to next-of-kin as defined in other jurisdictions can be explicitly delegated to another person using lasting power of attorney,[10] under the provisions of the Mental Capacity Act 2005[11] (note that this Act does not relate specifically to mental health and is largely unrelated to the Mental Health Act).

The Mental Health Act 1983, Section 26 [12] replaced the traditional term next-of-kin with "nearest relative".

It would seem that anyone can be a next of kin when someone is going into hospital but it is very different regarding inheritance. If your DD's partner is still married he needs to make sure that he takes legal advice and makes a valid will or if the worst ever happens his estate will bypass your DD and go to his ex wife.

Do you mean her decisions about his health care or about his dispersal of his estate? Or, indeed, something else all together? Btw Estrangement doesn't have the same distancing as divorce.