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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1000
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I have been looking after my step father dince my mum died 4

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I have been looking after my step father dince my mum died 4 years ago & he named me as next of kin on his medical documents. Sadly he has had a stroke and is in a care home. I have been dealing with all his care since September 2019. I contacted his cousin after the stroke to make her aware. She gas now declared herself next of kin with the care home. He is at end if life and DNR. On calling today I have been removed as 1st contact. There us a will and i am executor & sole beneficiary. Surely I have a right to know & be there to say goodbye. Unable to converse with cousin. I have been in step fathers life for over 30 yrs. But she is blood? Can you help. He only has hours/days left. I don't know where to turn. Am heartbroken I am being excluded from his life when his cousin only came in the scene because I rang her last September. Please help.
Assistant: Estate laws vary by state. What state are you in?
Customer: UK.
Assistant: What documents or supporting evidence do you have?
Customer: His will.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Only that I have been his named carer for last 5 years.
Customer: replied 12 days ago.
Since the stroke on 23rd Nov 19 he has been unable to communicate so no POS could be granted.

Hello my name is Ross and I can help.

I am sorry to hear about this situation. Firstly, you need to understand that Next of Kin has absolutely no legal standing. You should speak to the care home there is absolutely no reason as to why you should not be allowed to see your step father. Additionally, next of kin has no power to make decisions about wellbeing. If you feel this needs dealt with urgently then I would recommend having a legal professional write to the care home about the legal standing of next of kin. Additionally what you could do is go to a court in an emergency hearing and ask them to make make you what is called Power of Attorney (Dative) this means that although your step father does not have capacity the court can grant you power of attorney in absence of your father. The difficulty would be if the cousin opposes this. However, I think a legal letter explaining that you should get to visit would do the job. I am sorry to hear about this and wish you the best of luck moving forward.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

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Kind regards

 

Ross

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