Who is next of kin in Australia, and what legal rights do they have?
Being named someone’s next of kin does not automatically give you legal rights, for medical decisions or anything else. If there is no valid document in place, medical decisions usually fall to a set hierarchy of people, and the first available person on that list decides. After death, if there is a Will it is the executor who manages the estate, and if there is no Will it is the person most entitled on intestacy. To choose who acts for you, appoint someone formally with a power of attorney and a Will.
For related guidance, see what happens to bank accounts when someone dies in Australia?.
Read the video transcript
Being named as next of kin by a person does not necessarily give you any automatic rights. For medical treatment decisions, if there's no valid document, it often falls to a specified hierarchy of individuals. You would then be the first person on the list who is then responsible for making that decision. Similarly, after you pass away, if there's a Will, it is the executor whose responsibility it is to manage the estate. And in the event that there's no will, the person most entitled on intestacy.
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