Next of Kin

[Suzy~Q]

My younger sister has advised my father's nursing home and she and her husband are my father's next of kin (the nursing home believe her husband is actually my father's son). Can I override my sister and claim my right as next of kin?

[shylock73]

Most certainly you can, go see a solicitor asap and put your case to him.

[Suzy~Q]

Thank you Shylock73 - just the answer I was hoping for. Cheers!

[daffy654]

Why would you want to fight over your father in this way? Is your sister trying to gain some financial advantage by claiming to be next of kin? You definitely need to seek legal advice on this if only from the citizens advice bureau.

[bednobs]

your father can name who he wants as next of kin, it dosent have to be the eldest child

[Suzy~Q]

Thank you all. Not arguing, nor concerned about my sister being named as next of kin., but I am concerned about her husband being named and just wanted to know my rights in the event of him exercising his "rights".

[LoftyLottie]

It does have to be a 'blood' relative though.

[daffy654]

Next of kin does not have to be a blood relative.I regularly give my fiance's name on medical forms as being my next of kin.

[LoftyLottie]

Well, according the law, it stipulates 'Blood Relatives'.

[daffy654]

What about those who have no blood relatives?

[LoftyLottie]

I suppose though that there would be a flexible approach in many cases, although I am next of kin to my mother and my husband cannot be named as next of kin. My son is next in line.

[daffy654]

http://www.thesite.org/homelawandmoney/askthes iteqandas/legalandrightsqandas/nextofkin

[LoftyLottie]

Hi daffy, thanks.

I think that says what we have both said. There is no legal definition of who your next of kin is, but traditionally it has always been a blood relative. But nowadays there is more flexibility to allow partners to be next of kin as well. But you can't just choose anybody to be your next of kin.

I am not sure what would happen if you don't have a partner or blood relative though.

[daffy654]

Its about time there was a clear legal definition of 'next of kin' or maybe we should just stop using the term. I always assumed it had to be a blood relative but have been told countless times by medical professionals that it can be anyone stipulated by the patient.

[LoftyLottie]

Yes, I agree, it's a bit of an old fashioned phrase these days and should be clarified.

[Suzy~Q]

I'm back! Thank you everyone for your views ... I think I may have disturbed a hornets nest. Daffy654's weblink seems to refer to couples (unless I mis-read) and I am asking about my father - I still can't see how my brother-in-law can be classed as "next of kin". Have I missed something here?