End of life decisions, medical emergencies, and death and post-death legal concerns are serious matters. For this reason, states have set up specific guidelines on who is considered next of kin when a person is unable to make decisions for themselves. Whether it is to make a final decision in conjunction with doctors to take someone off life support, or to help in managing an estate after death, the designated next of kin will play an important role in final decisions of a terminally ill, dying, or even deceased person’s life.
The general rule is that the person’s closest blood relative is their next of kin. This includes parents, siblings, children, and other blood relations like uncles or aunts. Surviving spouses can also be considered next of kin in most places but only in limited ways. However, unmarried partners are not afforded next of kin rights and responsibilities unless the sick person had them legally appointed as next of kin prior to their illness, injury, or death.
Next of kin in most states works in the following hierarchical order: children and surviving spouse, parents if there are no children or surviving spouse, siblings, grandchildren, grandparents, aunts and uncles, and nieces and nephews.
In cases where a deceased person has more than one sibling, full-blooded siblings are given equal next of kin rights. That is, they all play an equal role in making decisions about what will happen with the deceased medical, legal, and final affairs including signing legal paperwork. They will equally stand to inherit whatever property the deceased person owned as well, providing there was no last will and testament, and no one was appointed as next of kin by the deceased when they were alive.
Why is this important to appoint a next of kin in advance?
It’s important to identify next of kin because whoever is named such will make decisions with doctors and other medical professionals. If the person who is deceased didn’t have a will, the next of kin will inherit all property and be responsible for dividing it up, or not, as they see fit.
How to avoid complications in who has the authority to make critical decisions?
To avoid next of kin confusion, it is always best when a next of kin can be formally named ahead of time. Next of kin named this way does not need to be a blood relative. A living person can name anyone they choose as their next of kin while they are alive and of sound mind. This person could inherit their estate and pass over blood relatives altogether. Doing this in front of a public notary will avoid confusion after death should a person hope to leave medical and legal decisions in the hands of someone who is not a blood relative.
Many hospitals, palliative care, and hospice facilities will ask a patient to name their next of kin upon admission. This is a time where the patient can provide a name and contact details for the person they wish to make decisions for them should they become incapacitated and after death.
Another way to avoid complications is to appoint a legal power of attorney. This person will have the legal right to speak for the sick or deceased and make all decisions both before and after death. Power of attorney supersedes next of kin.
