Kin connundrum
Question
I am 16 and my Dad is gravely ill. As I am his next of kin, what would his death mean to me on the legal front?
Answer
Firstly, it's important to know that the term 'next of kin' has no clear legal definition. This means there are no set rights or obligations. It is simply a term used, usually to describe a husband, wife or close blood relative, who should be contacted in the case of an emergency.
However, as your father's next of kin, chances are you face more responsibilities than rights should anything happen to him. In light of your age you may find it helpful to discuss your role with an adult; either someone your father approves of to help you with his affairs, or maybe a counsellor. Alternatively you could visit your local Citizens Advice Bureau (CAB).
You may also need to know that your age will restrict your involvement in your father's care - for example you will be unable to inherit anything until the age of 18. What's more, you cannot act as an executor should he make a will (i.e. someone who makes sure all the terms of the will are carried out).
Although a next of kin has no specified duties, often they are required to help in day-to-day caring, as well as settling final affairs. However, no-one can give consent to medical treatment for another adult, so although you may be able to discuss options with doctors, you would not have any sort of final say.
You might also need to consider the issue of who has parental responsibility for you (which is a legal requirement until you reach 18). If you are in contact with your mother or a guardian other than your father, they will be responsible for issues concerning your welfare, as well as financial provision for you and any brothers or sisters you may have.
Finally, if you're currently in a position in which you're caring for your father, or feel the need to talk about the impact this responsibility has on you, visit the Young Carers website for information, support and the opportunity to get in touch with people who share your experience.
Updated: 22/01/2009
Question answered by CAB
