If a resident with capacity has no one to put down as their next of kin. What would be their options ?
Hi Phina
Not entirely sure what you mean by “what would be their options”, but I hope the following helps from a training slide I use (its more info than you probably need/want but i hope it is helpful):
“ Next of kin” (helpful YouTube clip) is NOT recognised in law! No adult can consent on behalf of another adult unless with specific legal authority:
Created with capacity:
- Enduring Powers of Attorney (only for property and affairs - and can’t be created since 2007 but still valid for those who did)
- Lasting Powers of Attorney: Property and Affairs
- Lasting Powers of Attorney: Personal Welfare
Check the OPG Register - Find out if someone has an attorney, deputy or guardian acting for them / View a lasting power of attorney
Also see: How to be a property affairs attorney - How to be a health and welfare attorney - LPA Examples & Guidance
Also see Advance Statements & Advance Care Planning & the Age UK LifeBook | Age UK all very helpful, and although not legal documents still very important to consider (see s4 (6) (a) Mental Capacity Act 2005).
Created if you now lack capacity:
- Deputies appointed by the Court (OPG)
- Appointees (DWP can also be created if ‘P’ is either ‘mentally incapable’ or ‘severely disabled’ and who cannot manage their own DWP benefits).