We get a lot of requests from relatives and friends of our patients ,asking us to share confidential and sometimes sensitive information who have not had written consent from the patient to obtain medical information, We need to protect the confidentiality and privacy of our patients so we ask for written consent , we have next of kin forms available from Reception
What is next of kin?
Your medical next of kin is someone you nominate to receive information about your medical care.
If you have not chosen a next of kin, we would require you to gain written consent by the a patient to be recorded on their medical records as Next of Kin .
it is important to understand that without this written consent , we are unable to discuss anything about the patients health or medical records to protect their privacy
It’s important to note that the term ‘next of kin’ doesn’t have any legal definition in UK law. This means that being named as someone’s next of kin doesn’t grant any legal rights or powers regarding decision-making for your care and treatment.
Why should I choose a next of kin?
Choosing a next of kin will help to make sure the person you trust most is kept up-to-date about your medical care.
It can also help to avoid conflict between your loved ones.
Does my next of kin have legal rights?
No. A medical next of kin is not defined in UK law.
This means your next of kin cannot give consent to providing or withholding care.
There are alternatives that provide legally defined rights to someone in relation to medical care and treatment if you are not able to make decisions about your care:
Lasting power of attorney: This allows you to appoint someone to make decisions on your behalf if you lose mental capacity. There are two types: one for financial decisions and one for health and welfare decisions.
For more information, see our information Planning for your future care. The Government has information about lasting power of attorney, including details of what it must include, how to register it and the cost involved.
Deputyship: If someone lacks the capacity to make a lasting power of attorney, the Court of Protection can appoint a deputy to make decisions on their behalf.
The Office of the Public Guardian has information on lasting power of attorney and becoming a deputy for people living in England and Wales. Visit the Office of the Public Guardian in Scotland for information about regulations in Scotland. In Northern Ireland it’s the Office of Care and Protection. The Alzheimer’s Society has information on deputyships for someone who has dementia and lives in England or Wales.
Nearest relative: This is a legal status defined in the Mental Health Act, which applies only to people detained under this Act. The nearest relative has specific rights, including the right to information about a person’s treatment and the ability to apply for discharge from hospital. Mind has useful information about nearest relative for adults in England and Wales. In Scotland, the equivalent is named person. In Northern Ireland, nearest relatives’ rights are covered by different legislation to that of England and Wales.
Common Questions
Who can be my next of kin?
Your choice should be someone you feel close to. It does not have to be a blood relative or spouse. Before listing them on any medical documents you should ask their permission and explain the role.
Who should I tell?
Let your family and friends know who you have chosen.
What should I discuss with my next of kin?
Talk about any wishes you have about your care and treatment in the event of you becoming seriously ill. While your next of kin does not have legal powers, they may be asked about your wishes.
What does a next of kin do?
They act on your behalf if you are unable to communicate due to illness or being unconscious. They will be asked for advice and guidance on your wishes.
In the event of your death, they may need to give permission for a ‘consented postmortem’.
Will my partner automatically be my next of kin?
No. If you are a cohabiting couple and have not chosen a next of kin the hospital may seek the views of blood relatives instead. Hospitals will generally recognise spouses and civil partners as next of kin, but not cohabiting partners or ‘common law’ spouses.
Can my friend be my next of kin?
Yes, your next of kin doesn’t have to be a family member. It can be anyone you trust, including a close friend. However, remember that being named as next of kin doesn’t grant them any legal powers. If you want someone to have legal authority to make decisions on your behalf, consider setting up a lasting power of attorney.
How does the hospital know who my next of kin is?
Most NHS trusts ask you to nominate your next of kin when you are admitted to hospital. You should provide their name and contact details.
How will the hospital know who is my next of kin is if I arrive in the hospital unable to communicate and alone?
The hospital will usually access the records you GP surgery has for you to find out who is your next of kin. The hospital can only do this if you have given permission to your GP surgery to share your records.
What should I do if I want to change my next of kin?
Inform your GP and the hospital so that they can update your records.
What if I do not have a next of kin?
Doctors will use their discretion to liaise with family and friends. If it is an emergency and it is unclear who your next of kin is, the hospital will normally seek advice from the person they believe is closest to you.
What happens if I can’t make decisions for myself and don’t have a next of kin or other legal arrangements?
If you’re unable to make decisions for yourself and don’t have a health and well-being lasting power of attorney or deputyship in place, decisions will be made in your best interests as defined by the Mental Capacity Act. This involves healthcare professionals consulting with people involved in your care and life to determine the best course of action.