09 Oct Next of Kin – It may not mean what you think
The term ‘Next of Kin’ is widely known, but its meaning is often misunderstood. It is the label often associated with a spouse, parent, child or closest relative. While it carries immense personal and emotional significance, relying on this term alone for legal protection is a common mistake that can leave your family unable to make vital decisions on your behalf.
Where ‘Next of Kin’ has meaning (And where it doesn’t)
In daily life, the term ‘Next of Kin’ works perfectly well for medical professionals and/or care providers needing an emergency contact or for general updates. However, in the eyes of the law, a ‘Next of Kin’ holds no legal right. It does not automatically give a spouse or other family member any rights to access or manage your finances or possessions or liaise with doctors and carers on your behalf, if you were to lose capacity.
This is why is it important not to wholly rely on being the ‘Next of Kin’. It grants no legal powers when your loved one is in most need of your support.
The only way to secure your decisions – The Lasting Power of Attorney
The Lasting Power of Attorney (LPA) is the only legal document that provides the authority your family needs. By putting a LPA in place, you are legally authorising someone you trust (your Attorney) to act on your behalf.
You need two separate documents to cover all aspects of your life:
- Property & Financial Affairs LPA – Grants power over your bank accounts, property, investments, and savings.
- Health & Welfare LPA – Grants power over your medical treatment and care decisions, including, should you wish, life-sustaining treatment.
The Deputyship Order
If your loved one were to lose capacity without a LPA, you can apply to the Court of Protection for a Deputyship Order. While you are going through the process, you will not be able to access your loved one’s finances or make health related decisions on their behalf. In fact the court are often reluctant to grant even a spouse with the authority to make health and welfare decisions. The time taken to finalise a deputyship order will vary depending on the complexity of the situation, any delays getting medical evidence or if objections are made. The time range can be from 4-12 months or more.
Ready to plan for your future?
To talk to us on all matters connected to Lasting Powers of Attorney and securing your decisions, contact us.
For more information
- How much does an LPA cost?
- Learn more about Lasting Power of Attorney
- How to plan your estate, protect your family and secure your assets in six steps
- Wills and LPAs – learn more about the myths that can leave families exposed.
For legal advice
- Email info@hrjforemanlaws.co.uk
- Call Hitchin, 01462 457711, Welwyn Garden City, 01707 887700, Old Harlow 01279 709 100.
- Complete our contact form here