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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 23745
Experience:  Senior Partner at Berkson Wallace
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My daughter is in hospital she was on life support and now

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hi my daughter is in hospital she was on life support and now is trying to come off of so is in a sedation mode at present , the hospital says that her parter who she isnt married to or has kids with is next of kin but my doctors is saying that i am as im her mum and because my daughter isnt married to him could u please advise me on if this is true etc
JA: What steps have you taken? Have you filed any papers in family court?
Customer: no not at moment i dont know what i have to do etc im 73 years old and im worried
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: i got told by doctors to get in contact with a solictior
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i just want something on paper to say that if worst came to worst that my say is the main one

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

I am very sorry to hear your sad news and I hope she recovers - are you asking if you are her next of kin or the partner?

Customer: replied 11 days ago.
well the hospital its down as he is but when i spoke to the doctors where she is regristered they said that because they are not married and they have no kids together i have custody of her 3 girls and they live with me her other 3 live in care of social services
Customer: replied 11 days ago.
the doctors said because they are not married and they have no kids together that are his and hers that i being her mother should have sole say medically what happens to her etc and told me to speak to a solicitor. i have custody for 3 out of 6 of her children and the other 3 are in foster care

Next of kin is legally defined as the nearest blood relative and that would be you.

The law does not recognise partners who are not married.  They are simply a couple who are living together.

He may be noted down as a person to contact in the event of anything happen but that’s a different thing than being next of kin.  Unless he has power-of-attorney, he has no say so in her welfare treatment or anything else.

If the worst comes to the worst, then your say is the say and what you say goes.  What you have been told by the medical staff is correct.

If the partner seems to think different, he needs to take legal advice because he is wrong.  That is of course unless he has power-of-attorney which changes things completely.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 11 days ago.
is that still the case if he is down at hospital as her next of kin , there is no power of attornty if she has named him next of kin previously does this counteract my right

He may be noted as the next of kin on the paperwork but he isn’t the next of kin.  He may be the person to contact but as the doctor has said, he actually has no standing in this.

Naming him as the person to be contacted (hospital paperwork is very often erroneous in referring to that person as next of kin) does not mean that he has the rights to say what happens to her and her treatment, that rests with you.

Customer: replied 11 days ago.
is there anyway i can get proof of this so i can show the hospital please

If you want it on solicitors letter head, you are going to have to go to a local solicitor, we are not allowed to do that on here.  You can of course print this thread off and show it to them which has actually been prepared by a UK solicitor.

Stuart J and other Family Law Specialists are ready to help you
Customer: replied 11 days ago.
ok thats brilliant i will do that , many thanks for ur help today