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Next of Kin Legalities advice please

LegalHelp, 17 June, 2009 at 13:53 Posted on Off Topic Posts 0 9

Apologies for the anon, but I don't want anyone who could know me and recognise what I'm about to ask to know my usual log-in. Hitched is my sanctuary sometimes and I've had serious grief before when a relative found me on another forum. I also normally use BT more than here, but would really, really appreciate some advice.

My parents split up many years ago, but have never divorced. My father has had an on/off relationship with his girlfriend for about 11 years. The last we heard was that they'd split up again and that my Dad was going on holiday to visit friends abroad for a few weeks. He doesn't keep regular contact so it can be 5 or 6 weeks before either myself or my siblings actually realise we've not heard from him for a while. That is down to his choice, not ours.He has a very chaotic life and often spent time living in his car; he is too proud to accept any "charity" even if that was a bed for a few nights in his son or daughter's home.

Two days ago his partner's nephew rang me to tell me that our Dad was very ill in hospital and had been for more than 3 weeks. He was horrified when he realised that no-one had contacted myself or my siblings to tell us. His Aunt said that we could know when we bothered to contact him; we've never got on with her due to difficulties when they first got together and she's never liked my sister or I in particular.

The issue we have now is that she has told the Doctors to tell us nothing. She is his next of kin and she will make all decisions regarding what we are to know and not know. She has also told us that when the time comes (unfortunately it is a case of when) she will be organising the funeral and we can either go along with it and not go. She is planning many things that we all know he would hate.

Can she do this? The Doctor told me last night that as she is his wife she can do this, but she is not his wife. He is going to try and clarify the situation today as he believed she was his wife. They may have lived as man and wife (although not recently as far as we knew), but he is still technically married to my mother. Surely we, as his children, should be able to speak to the Doctors. We are now, between the 4 of us, making sure there is someone at the hospital 24/7 because we do not trust that anyone would let us know if our own Dad passed away.

Please don't get me wrong we're not the single least bit interested in any money or belongings he may have (which is the accusation we faced last night), we just want to be part of what is going to happen. We also want to ensure that he is buried with our sister as he always, always wanted and not cremated on the basis that it's cheaper.

We're trying to get an appointment with a solicitor, but I'd be very greatful for any help meanwhile. Thank you.

9 replies

Latest activity by Champagne, 17 June, 2009 at 15:13
  • Ms. Scarlett
    Beginner April 2007
    Ms. Scarlett ·
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    If they aren't married, and he hasn't explicitly named her as his next of kin on some legal document, then she isn't his next of kin. What an awful situation for you.

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  • cha-cha
    Beginner July 2007
    cha-cha ·
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    I'm so sorry to hear your dad isn't well.

    I'm no expert, at all, but I would have thought the fact your dad is still married to your mum in law would carry a LOT of weight. Perhaps (and I realise she may not want to do this) your mum could ring the hospital and clarify that SHE is his wife and you (and your siblings) are his next of kin?

    Also, some solicitors offer a free telephone consultation- perhaps it is worth ringing a few and seeing if they could offer some advice?

    Once again, I'm sorry you're going through this ?

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  • M
    Beginner
    Mrs JMP ·
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    If your Mother is not around & can confirm she has never Divorced, then your Mother as you said is NOK. In the event your Mother is not close to hand it falls to the elder child.

    When you Dad was booked into Hospital, it would have been asked who was NOK, so I gather she has given this as her.

    I'd be speaking to the Legal Dept at the hospital now If I were you, they will advise if you need to provide further documents. If they are notified then it can be left away from the Doctors/Nurses & they can get on with making your Dad comfortable.

    Sorry to hear you are having to deal with this.

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  • L
    Beginner
    LegalHelp ·
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    Thanks for the replies. I'm waiting on a solicitor ringing back so hopefully will clarify the situation.

    There's no paperwork linking him to his partner at all. He hasn't been on the electorol roll for donkey years as he never wanted an address where the CSA could find him. His work used his parents address and afaik he has no paper links to her or her address in any way.

    Would there be a way to find out if he had signed something to give her the right to be his sole NOK?

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  • A
    Beginner August 2007
    alison76 ·
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    That sounds dreadful to have to deal with.

    As others have said, she is not NOK and legally has no say in what will happen to him.

    Good luck.x

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  • L
    Beginner
    LegalHelp ·
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    Thanks Mrs JMP. My mother is in Ireland and I am the eldest child. I'll try and find the number for the Legal Dept and speak to them.

    Thank you

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  • Ms. Scarlett
    Beginner April 2007
    Ms. Scarlett ·
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    The burden of proof would be on your father's partner to produce such a document (realistically it would have to be a power of attorney I think, which is most unlikely).

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  • marmalade atkins
    Beginner January 2008
    marmalade atkins ·
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    As MrsJMP says, the hospital would have asked for NOK details when your father was admitted,so either he or his partner would have confirmed this. In terms of what happens when he passes away, it'll depend on whether or not he's made a will and named an executor. If not, then your mum as nok wil be legally entitled to deal with the funeral and all that follows.

    I'd get on to the hospital to discuss the current arrangements asap.

    Poor you ?

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  • R-A
    Beginner July 2008
    R-A ·
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    AFAIK the term NOK doesn't actually mean anything in law. This seems to confirm this http://www.thesite.org.uk/homelawandmoney/askthesiteqandas/legalandrightsqandas/nextofkin

    This also has some info: www.rbbh.nhs.uk/download/NextOfKin

    In hospital we ask the patient to name their NOK on admission. Personally I have been naming H as my NOK since way before we married. We would take NOK thoughts and feelings into consideration but they cannot consent or refuse treatment on behalf of the pt. In practice we talk to a any relative who turns up in person as long as the pt agrees. We aren't allowed to give any info over the phone generally.

    Wrt the funeral, I honestly don't know that she will have any 'rights' whatsoever. Obviously an amicable solution would be best but it may be worth seeking legal help sooner rather than later.

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  • Champagne
    Beginner June 2007
    Champagne ·
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    So sorry to hear about your Dad being ill and then the trouble it's caused.

    My H was in a similar situation although his parents were divorced, his Dad had a long term girlfriend, his Mum lived in Ireland and he was officially next of kin. He was called by his Dad's GF's son to be told firstly he was in hospital and then the next day, before we'd had time to make any travel arrangements to Edinburgh, that he'd passed away.

    He left the funeral arrangements to the GF and son as they were much closer to him in the recent years (we'd visited him once) but did attend the funeral, manage applying for probate (no will) and distribute his meagre assets equally between himself, his sister and the GF as seemed fair.

    As far as I know you would be next of kin after your Mum and maybe she could appoint you as such via a solicitor but the doctor needs to take your views into account should any medical decisions need to be made. Perhaps in the future you could discuss funeral arrangements together?

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