What Does “Next of Kin” Legally Mean in the UK?
“Next of kin” is a term many people use when discussing medical emergencies, death, or planning for the future. But in the UK, the legal meaning of “next of kin” is often misunderstood.
Contrary to popular belief, being someone’s next of kin does not automatically give you legal rights or decision-making authority. This article explains what next of kin means in the UK, what they can and cannot legally do, and how to ensure the right people are authorised to act on your behalf when it matters most.
What Does “Next of Kin” Mean?
In the UK, “next of kin” is not a legally defined term. It is often used in hospitals or care settings to refer to a close relative or someone the individual trusts, but it has no automatic legal status.
You can usually choose your own next of kin, and it does not have to be a blood relative — it could be a partner, friend, or carer. This designation is typically used for contact purposes only, not for making decisions.
Common Contexts for “Next of Kin”
1. Healthcare Settings
Hospitals or GPs may ask who your next of kin is to:
- Keep them informed of your condition
- Contact them in an emergency
However, unless they have legal authority (like a Lasting Power of Attorney), your next of kin:
- Cannot consent to medical treatment on your behalf
- Cannot access your medical records without permission
2. After Death
Next of kin are often contacted after someone dies, and they may be expected to:
- Help with funeral arrangements
- Provide personal information to the registrar of deaths
But: they do not automatically have the right to administer the deceased’s estate unless named as executor in a will or appointed via probate.
3. Housing or Care Settings
In care homes or social services situations, next of kin may be asked for information or preferences, but again, they have no legal authority unless formally appointed.
What Your Next of Kin Can’t Do Without Legal Authority
- Make medical decisions if you lose capacity
- Access your financial accounts
- Decide where you live or what care you receive
- Manage your affairs after your death unless legally appointed
- Override your written wishes in an advance decision (ADRT) or will
How to Give Someone Legal Authority
If you want someone to be able to make decisions on your behalf, you need to legally appoint them using formal documents:
Lasting Power of Attorney (LPA)
- Allows you to appoint someone to make decisions about your health and welfare and/or your property and finances if you lose capacity.
- Must be registered with the Office of the Public Guardian to be valid.
Advance Decision (Living Will)
- A legally binding document where you set out your wishes about refusing medical treatment in future if you can’t decide for yourself.
Will
- Allows you to name executors who will legally manage your estate after you die.
- Being next of kin does not give automatic rights to inherit unless there is no will (intestacy rules would then apply).
Conclusion
While the term “next of kin” is widely used in the UK, it does not carry any legal powers unless backed up by the appropriate documents. If you want someone to act on your behalf — in life or after death — it’s essential to have a Lasting Power of Attorney or valid will in place.
Taking a few legal steps now ensures that your loved ones can truly support you when it matters most.