Next of Kin

[sally-1234]

My husbands mother recently died and we now look after his father who has dementia. He has 2 older siblings of one who lives in Devon and the other one has not been to see his father for some years. Can you please tell us who is legally his father's next of kin. Thanks

[craft1948]

All of his children are legally his next of kin regardless of their ages.

[bednobs]

there is not really such a thing legally as "next of kin" except for extremely limited circumstances. Anyone can name anyone as their next of kin. For making decisions, it is reasonable that your husband do it. For healthcare decisions, it dosent actually matter what a n-o-k thinks anyway, they will have their opinion asked, but then it could be ignored.
Are you thinking ahead to a will situation? Again, dosent matter who nok iis - the estate is distributed as per will, and in case of intestacy, it is distributed via intestacy rules (no nok needed)

[naflharrison]

this is true but the eldest is usually the one to deal with everything, its usually the done thing with funeral directors solicitors etc.

[Schutzengel]

If the father has made a will then arrangements will be made by the named executor/s. If no will, and the father is in an advanced stage of dementia it will not be possible for him to make a will at this late stage. Has your husband obtained Power of Attorney to deal with his father's affairs. With siblings there is no priority of who should arrange a funeral. If you and your husband are the father's carers, then you can arrange his funeral should it become necessary.

[eitherofus]

The eldest doesn't come first. Whoever is caring for the person makes the decisions in the best interest of the one they are caring for. If they can get Enduring Power of Attorney (renamed in 2007) they can make all relevant decisions ie selling a property etc..
A will states who is the executor and they make funeral arrangements and decisions ONCE a person has died.