Sorting new next of kin?

[nellbelles]

Like most couples we are each others next of kin.

Now Tom no longer has capacity I need some one to act on my behalf, I'm sure one or both of my brothers will.

The problem I have is if I was not able to act as Tom's next of kin, would it have to be his daughter? He has a son but no one knows where he is no one has seen him for 20years.

Or could his Granddaughter and K as his great-grandson step up and if so how do I ensure that SS, the CH and DWP would listen to them?

Or because I have LPA and am the only named person would the court of protection become involved?

Sorry lots of questions

 

[jenniferpa]

Hi Helen.

Unfortunately, next of kin doesn't have much legal meaning.

You could definitely make an LPA yourself and make one or both of your brothers attorneys (and I would suggest you do) but you can't essentially make a will or draw up any document that changes Tom's situation. If you (as Tom's attorney) died, and there is no replacement attorney listed, then someone would have to become his deputy. If there was disagreement within the remaining family who that should be, it's likely a professional AKA a panel deputy would be appointed.

 

[nellbelles]

Thanks Jennifer

Pretty much as I thought, but I'm learning about the legalities as we go.