The term “Next of Kin” is a term I hadn’t heard in some time. Officially, it refers to your nearest relation according to law.
During my reading time this week I learned about a law just passed in California I want to share. It’s a law that many states began passing in 2014, yet few people seem to know about it.
As of January 1, 2023, California joined 45 other states and the District of Columbia in passing a law for next of kin and healthcare decisions. These next-of-kin laws allow a surrogate to make decisions on a patient’s behalf during a medical situation.
People considered next of kin include spouses or domestic partners, siblings, adult children and grandchildren, parents, and an adult relative or close friend. Currently 22 states list “close friend” when relatives are not available to serve as surrogates.
Why This Matters
Less than 30% of American adults have completed a medical directive. Medical directives provide detailed instructions about medical care, or a medical power of attorney, which authorizes someone else to make those decisions, in case of medical emergencies.
Depending on the state you live in, patients without an advance directive or power of attorney have been able to designate a surrogate by verbally declaring who they select to speak for them if needed, while at the hospital, if they are awake and alert and the hospital allows it. If the patient is unconscious and/or the state law doesn’t permit, the medical personnel make decisions in accordance with their hospital regulations.
It’s tough for medical personnel to provide timely help for a patient while searching for who to contact on behalf of the patient. With this law in place, health care providers must still check for a patient’s advance directive or power of attorney. But once officials have determined that none exists, they can turn to the next of kin, all of whom are now legally authorized to speak for the patient.
Concerns
In the 45 states with these laws, hospitals have the power to pick the patient’s representative. Yet, if there are conflicting opinions among next of kin and/or friends, then what happens? The last thing any of us need is a conflict between next of kin during an emergency.
Knowing what I know from emergency situations, these are high stress times in life. Compounding this personal stress by adding the need for next of kin and/or friends to make these types of decisions is rough.
What Is Important to You?
To avoid the confusion during an emergency, take some time while you’re healthy to think it through. Who would you like to be your surrogate when or if something happens to you?
As strange as it seems to think about any of this, it is so important. I remember when I told my parents that I had executed my legal documents including a Health Care Power of Attorney and Medical Directive almost 4 decades ago. They thought I had a terminal illness I was keeping from them because I was young!
Back then, it was highly unusual to discuss “this” and when there was a conversation, it didn’t typically include thinking about incapacity. I know how much easier it is not to think about this, yet for me it was easier to think about what I wanted and make sure I had discussed this with my “surrogates”.
If it helps make it a bit easier, know that whatever you formally decide now, you can change your mind. Decisions made in your 20’s may be very different than decisions you prefer in your 60’s, 70’s, 80’s or 90’s! It’s so much easier to change a document than leave it to chance to people who love you during a high stress situation.
Before something impacts you quickly, let’s take a look at your situation now. Reach out at your convenience to discuss ways to get started, email me: Lynn@thelivingplanner.com or if prefer to schedule a Complimentary Discovery Call to discuss your particulars, let’s do it!
My main website is: https://thelivingplanner.com. If you’d like to try a DIY approach, check out my online courses/resources to assist people, pets and businesses here: https://courses.thelivingplanner.com
An Unknown author speaks of compassion in this quote, “Compassion is a passion with a heart”. ❣️ -Lynn
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