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ForumThe Library: Information DeskNext of Kin and Medical Proxy in …

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Next of Kin and Medical Proxy in the USA

#1 · February 23, 2017, 1:04 pm

I'm exploring a situation with which I'm struggling. In the US, I think I'm right that a spouse is considered the next of kin with regards to medical decisions if the main party is unable to make decisions for themselves.

What would be the result if the next of kin were not available? Would the decision revert to the parents? (presuming there were no children and no other agreements)

Thus: A is married to B, but B is completely uncontactable (lets say up the Amazon with no means of contacting him) when A has a car accident and is critically injured. Someone needs to decide if she has risky surgery, but without it she would definitely die. Would her parents make this decision or would a court? (It would be a court in the UK)

Thank you

Daisy

#2 · February 23, 2017, 1:22 pm

It depends, if the person has not filled out specific forms proxy may revert to parent or other next of kin, but if your patient filed the correct form they could indicate a specified proxy list (lawyer, aunt or uncle, neighbor etc) or bar specified people (parent, ex-spouse, stalker etc)

#3 · February 24, 2017, 3:36 am

Thank you.

The Workshop

Next of Kin and Medical Proxy in the USA