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Legal advice needed can you help?

Sorry to hear you have to have an aneurysm clipped.

Nok can be whoever you want
Decisions if you lose capacity and don't have a PoA (ie the most common case in hospitalised pts) are made on a "best interests" basis. We have a meeting with specialists involved and have Nok (can be multiple- a partner and children for example) there to give their opinion of both what they want and what they think the pt would want. Ultimately it is a medical decision if it is a medical q (eg, need further surgery) or a social worker as arbiter if it involves something like whether to move into care.
Don't bother with PoA at this stage would be my advice. If you have worries (which would be entirely understandable) have clear discussions now with loved ones (and preferably write it down) -what you would want should the worst case scenarios you are imagining should come to pass.

All the best
 
Sorry to hear about what you're going through, Edie. I hope the surgery goes well and you achieve a full recovery.

These organisations might be helpful in terms of helping you think through and plan for any 'What ifs...', might be able to answer questions about practical concerns, might be useful contacts to signpost your friends/family to, should they need advice and support.

 
Hey. As you might know I need to have this bastard neurosurgery in just over two weeks for a brain aneurysm.

I’ve just had the Neurovascular Nurse Specialist call me up to ask who my next of kin is. I don’t know. Here are my questions if any of you can help I’d really appreciate it...

1. Is NOK on hospital forms whoever you want it to be, or does it need to be a family member? I’m guessing this is who they call if I have a stroke or die or whatever. I don’t think I want it to be my lad, would prefer it to be my best mate or my man. Is this possible?

2. If the worst happens and I lose capacity... I currently don’t have Power of Attorney for health or wealth. Who would it fall to to make the decisions? I know the medical team would hold the ultimate decision in acute care, but for shit like moving to best supportive care and not active treatment, who decides where I live, or the money, would this fall to my 18yo son if I do nothing?

I’ve not got long before this procedure and with a high risk of stroke, I’m being advised to consider POA. I don’t know how. But I don’t want to do nothing and leave my lad who is only just 18 to shoulder this alone.

For reference, I’m a single mum. My two brothers both have serious mental illness and I help care for one. My Mum is end of life. I have two sons, 18 & nearly 16. My 18yo is very level headed but is... 18. My ex (their Dad) is an alcoholic so not very confident of his decision making altho I trust him to act in my best interests with this stuff? I dunno. Just urgh help me think this through please?

First, sorry you have to deal with this.

Next of kin has no legal definition in this jurisdiction for these purposes. It mostly means who the hospital will keep updated etc., and can be anyone you like (and more than one).

If something happened, and you couldn't communicate your wishes, your nominated NOK's views would be taken into account, but not determinative (it'd ultimately be for the medical staff to decide your best interests).

A good mate who's willing and able to break any difficult news to your kids if necessary might be a good choice for NOK.

And you could make it easier on them, the hospital, and your kids if you set out in advance what you'd prefer in a range of scenarios; although not legally binding, it let's everyone know what you'd have chosen for yourself if you could, so removes some of the dilemmas. (There is also the possibility of a legally binding Advance Decision, but that has quite limited scope - its about declining treatment to prolong your life e.g. CPR or ventilation).

A POA is a more formal way of giving power to someone else to decide things - health or financial - on your behalf, when you're unable to. In theory, you've time to prepare something, albeit registration wouldn't be complete until some time after your op. A bigger issue is that it's a lot of responsibility, and there's no obvious candidate in your life. So, if I was you, I wouldn't worry about it.

Similarly, although it all always makes sense to have a will, if don't but you're divorced and all you want is everything to go to the kids, you can probably just rely on the rules of intestacy.

Probably more important than all that is doing what you can to alleviate the emotional impact on your lads (which you're obviously on top of). And, taking care of yourself; I can't imagine how scary it must be, so be kind to yourself. And think about some of the support services people have linked to.

Finally, good luck with the op.

ETA: Sorry, read the whole thread before posting, but somehow missed your second post, so speciation some of this irrelevant now i.e. you've confirmed you have a will.
 
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Sorry to read that you have a brain aneurysm Edie. I hadn't seen the posts and only saw this thread. Shit.. that's frightening.

On the legal advice side of things I'm pretty sure next of kin does not necessarily have to mean a family member.
And as regards having a will drawn up, I had one drawn up a few years ago and again pre covid. Over here many solicitors will do it for free. I just typed it and brought it in...they looked it over and retyped it there and then. I signed in the presence of two staff and the solicitor. It can be altered at a later date the same way.

Wishing you and your lads strength and all the best for the operation and a very speedy and full recovery.
 
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I've no advice that hasn't already been given, just wanted to wish you all the best for the surgery.
Presume you're having it clipped? My brother had his filled with platinum coils iirc, apparently a few thousand quids worth. Amazing.
Anyway, as you were and all the best.
 
This has been useful to me, as I was just wondering what to do about "next of kin" on the surgery registration form - I don't have any, really.

Now I know I can just leave it blank.

Good luck with the op, Edie.
 
Ta kropotkin and Athos , and everyone like AnnO'Neemus who has taken time to find helpful links or even just said all the best.

I think I will just write a document with a few pointers about my feelings in general. It’s nearly impossible to write anything meaningful I’ve found, even just thinking about it. You end up with something like ‘take me round the world on the back of a motorbike then push me into the sea’ which isn’t gonna be much use 😂

I think let the medics take the medical decisions, but in the event of a turn for the worse, don’t agonise too much about letting me go as I’m not that bothered about dying. I’ve had a helluva adventure, and I believe in God.

If I need long term care, I’d want simple and basic, and for my lads to have as much freedom and as much money as I can give them (probably fuck all, but thats the principle).

Do not let my ex move in to take care of me even if he offers with good intentions.

Done. Hard to write anything else? Anything else you’d add?
 
This has been useful to me, as I was just wondering what to do about "next of kin" on the surgery registration form - I don't have any, really.

Now I know I can just leave it blank.

Good luck with the op, Edie.
Oh good luck for your surgery too! When is it? Xx
 
Ta kropotkin and Athos , and everyone like AnnO'Neemus who has taken time to find helpful links or even just said all the best.

I think I will just write a document with a few pointers about my feelings in general. It’s nearly impossible to write anything meaningful I’ve found, even just thinking about it. You end up with something like ‘take me round the world on the back of a motorbike then push me into the sea’ which isn’t gonna be much use 😂

I think let the medics take the medical decisions, but in the event of a turn for the worse, don’t agonise too much about letting me go as I’m not that bothered about dying. I’ve had a helluva adventure, and I believe in God.

If I need long term care, I’d want simple and basic, and for my lads to have as much freedom and as much money as I can give them (probably fuck all, but thats the principle).

Do not let my ex move in to take care of me even if he offers with good intentions.

Done. Hard to write anything else? Anything else you’d add?

I think that, in your situation, I'd do exactly as you have. Hope it all goes well.
 
Edie I might have missed this but have you left instructions in your will as to who you want to be legal guardian for your youngest?
 
Ta kropotkin and Athos , and everyone like AnnO'Neemus who has taken time to find helpful links or even just said all the best.

I think I will just write a document with a few pointers about my feelings in general. It’s nearly impossible to write anything meaningful I’ve found, even just thinking about it. You end up with something like ‘take me round the world on the back of a motorbike then push me into the sea’ which isn’t gonna be much use 😂

I think let the medics take the medical decisions, but in the event of a turn for the worse, don’t agonise too much about letting me go as I’m not that bothered about dying. I’ve had a helluva adventure, and I believe in God.

If I need long term care, I’d want simple and basic, and for my lads to have as much freedom and as much money as I can give them (probably fuck all, but thats the principle).

Do not let my ex move in to take care of me even if he offers with good intentions.

Done. Hard to write anything else? Anything else you’d add?
Looks spot on x
 
Edie I might have missed this but have you left instructions in your will as to who you want to be legal guardian for your youngest?
I didn’t think I’d get a choice as it would automatically be his Dad so no I haven’t?

I have set up a trust (very simple, within my will if that makes sense), with their Dad, my brother, and my best mate as trustees. They get my NHS pension between them at 18yo (about £35k each). Then the trustees decide for the rest (ex council house worth about £220k, ancient 15yo battered Passat, and the boys savings ISA in my name), until they reach 25yo. I just didn’t want them getting everything aged 18, plus they’ll need to live in the house. Maybe my eldest would finish raising his brother but it would be mad max.

I dunno. This shit is hard. I’m very unlikely to die (2% risk on the day of surgery the surgeon said).
 
I didn’t think I’d get a choice as it would automatically be his Dad so no I haven’t?

I have set up a trust (very simple, within my will if that makes sense), with their Dad, my brother, and my best mate as trustees. They get my NHS pension between them at 18yo (about £35k each). Then the trustees decide for the rest (ex council house worth about £220k, ancient 15yo battered Passat, and the boys savings ISA in my name), until they reach 25yo. I just didn’t want them getting everything aged 18, plus they’ll need to live in the house. Maybe my eldest would finish raising his brother but it would be mad max.

I dunno. This shit is hard. I’m very unlikely to die (2% risk on the day of surgery the surgeon said).

Sorry yeah I’m being stupid. The trust thing sounds good.
 
Others have given the advice I would have given, so good luck with the surgery. It looks like you're sorting things out sensibly here should the worst happen, but as you say the chance of that happening are very low.
 
I didn’t think I’d get a choice as it would automatically be his Dad so no I haven’t?
Is/has there been any kind of court order about custody or parental rights? That might mean that it's not necessarily automatic.

Also, you've already mentioned that in the event that you're incapacitated, you don't want your ex moving in to look after you. Similarly, if you had any concerns about their dad's ability to care for the children, given he's got issues, maybe you could write a letter of wishes that someone else become the guardian/care for the youngest? Any other family members or friends who'd be willing/able? Have you discussed it with anyone else?

Potentially, if there were/are concerns about the father's parenting abilities, a court could decide what's in the child's best interests as to where they should live, and who with. They might even decide the eldest could fulfil that role (with whatever support was needed). It's not a case of father or 'care', they're reluctant to do that, they would first look to the possibility of 'kinship carers' other responsible people, not necessarily the father, like I said, could be big brother.

Did you do a will through a law firm? Because if you did, I think they should have asked you about that kind of thing, whether you wanted to address it in your will.
 
Is/has there been any kind of court order about custody or parental rights? That might mean that it's not necessarily automatic.

Also, you've already mentioned that in the event that you're incapacitated, you don't want your ex moving in to look after you. Similarly, if you had any concerns about their dad's ability to care for the children, given he's got issues, maybe you could write a letter of wishes that someone else become the guardian/care for the youngest? Any other family members or friends who'd be willing/able? Have you discussed it with anyone else?

Potentially, if there were/are concerns about the father's parenting abilities, a court could decide what's in the child's best interests as to where they should live, and who with. They might even decide the eldest could fulfil that role (with whatever support was needed). It's not a case of father or 'care', they're reluctant to do that, they would first look to the possibility of 'kinship carers' other responsible people, not necessarily the father, like I said, could be big brother.

Did you do a will through a law firm? Because if you did, I think they should have asked you about that kind of thing, whether you wanted to address it in your will.
No, he’s capable don’t worry. Not ideal, but okay. He’s actually on the wagon rn and doing an alcohol detox. Altho no one is holding their breath. Thanks tho xx
 
No, he’s capable don’t worry. Not ideal, but okay. He’s actually on the wagon rn and doing an alcohol detox. Altho no one is holding their breath. Thanks tho xx
That must be reassuring and a bit of a relief. I'm sure you're going to be fine anyway, you're just being super sensible and responsible, the risk's minimal, but hopefully by addressing all these issues now, you can tick things off your 'to do' list, it'll help set your mind at rest and be less things to stress about, so you can focus on preparing for surgery and then recovery. xxx
 
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