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Summary
This article seeks to define the term 'next of kin' and to determine whether there is any legal status applied to the term.
Keywords
Carers; Consent; Law; Next of kin
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THE TERM 'next of kin' is familiar to all healthcare professionals. Many use the term on a daily basis, for example when admitting patients to wards or units and seeking details of relatives and contact information. The term is also used by the public in many common situations, for example in the healthcare context and when completing forms and official documentation.
This article examines what is meant when the the term next of kin is used and whether there is common agreement about its meaning. The scope of the article is limited to exploring the concept of next of kin in relation to adults, that is, those defined as being over the age of 18 years according to section 1 of the Family Law Reform Act 1969.
Definition of the term next of kin
The term next of kin has been defined in the Collins English Dictionary as 'a person's closest relative or relatives' (Treffry 1999), while the Shorter Oxford English Dictionary has defined it as 'nearest in respect of kinship, intimacy, or other such relationship' (Onions 1973).
These definitions indicate that there is a hierarchy of individuals who can act as next of kin. Common use of the term indicates a sole individual has certain responsibilities with regard to another person.
However, this commonly held view does not specify who the closest person may be. Dewbury (2004) suggests that the next of kin could be interpreted as the person's closest blood relative. However, it may be argued that many married people have come to regard their spouse as their next of kin, whereas others have chosen to nominate a trusted or close friend.
Dewbury's definition relates to kinship, that is, blood relationships. However, if this definition is interpreted literally, same sex partners, spouses and...