Next Of Kin - Uk Medical Definition

1

117katie

Guest
Thanks, Margarita

I notice that is an Australian website and presumably the laws of Australia - but do those same laws apply in the UK? I'm not sure they do, even though the law structure is similar.

Katie
 

Margaret W

Registered User
Apr 28, 2007
3,720
0
North Derbyshire
Oh, dear Katie, what a mess you are in. I wish I could help. I can only say "do your best" and I know you won't be satisfied with that unless it resolves the situation.

I imagine your elder sister is considered to be the next of kin, rather than yourself. So maybe she can contact the home for information. But are you the lady who also said that a carer at the home had assumed that responsibility?

I think you need to consult a solicitor. Try Help the Aged, or Age Concern for advice, or even the Citizens Advice Bureau though they are not specialists in this area, but might give general advice as to who to contact. Or the Alzheimers Society main office.

Unfortunately I have heard of situations where the next of kin is not necessarily regarded as the person to be consulted on the patient's behalf, so I don't think it has a particular legal standing.

I do hope you resolve this distressing situation.

Best wishes

Margaret
 

Margarita

Registered User
Feb 17, 2006
10,824
0
london
Last edited:

chip

Registered User
Jul 19, 2005
400
0
Scotland
Does she and you as a carer have an Advocacy? It is now legal that an incapable person has one. They will help both of you and are free. You can get one at your local Princess Trust carers centre. My husbands one is based at the hospital so check up if you both haven't got one. Look up Circles advocacy i think there is one near you.
 

christine_batch

Registered User
Jul 31, 2007
3,387
0
Buckinghamshire
Dear Katie,
To-day I checked with a Case Worker who has 16 years experience dealing with A.D./Dementia.
I was informed that you have a right as the next of kin. Tackle the Nursing Home about it and you are entitled to see medication and Care Plan.
As for the October 2007 Mental Health Act., I have also been informed that S.W. cannot make head or tail of it and quite a few interpret it as they think suits them, and not the patient. I have challenged the local authorities so many times and in all fairness, they do listen. The whole purpose is to attend to the patients needs. they are all individual and should be treated as such. Peter at his N.H. has had a few times when he has got stroppy, awkward, moving all the furntiure about, emptying clothes and I do feel so sorry for the staff. The most important thing for me is that the Manager and the staff discuss it with us and listens to what we have to say and once brought to their attention do act on it.
Please, I know you can do without this extra worry and stress don't let them walk over you.
I wish you all the best. Christine
 
1

117katie

Guest
Thanks, Christine

For an update: I spent most of yesterday on the phone, having had the most awful day on Sunday at the mental health unit where my aunt is being assessed. It seems to me that the reply you get depends on who you talk to.

For example: I contacted PALS and the person I spoke to was quite adamant that I would not be allowed access even to know about the list of meds, because of the dreaded and often mis-quoted Data Protection Act. She phoned me back and told me that she had talked to a nurse friend, who had confirmed that she would never grant access either. BUT I think they both failed to understand that my aunt has only 2 living relatives left who care - it is not as if a queue of distant cousins or something are likely to want access.

Then I walked with the Lead Nurse at the unit, and she apologised for the way I had been dismissed on Sunday! She agreed that I should have such questions answered, and I also talked to the doctor in charge, and she answered all my questions. So it just goes to show that you get different stories, depending on different interpretations of 'next of kin' and the Data Protection Act.

As for the Mental Capacity Act: couldn't agree more with your view and your experience. I have read a fair bit of it and it is - as far as I can see - designed to protect the salaried care workers, the social workers, the medics. I cannot for the life of me see that it is in any way at all designed to ASSIST those of us who are in a position of wanting to help relatives.

More phone calls today to deal with other aspects. But first a trip to the hairdressers!!

Bye
 

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