<P> In the context of health care, patients are often asked to nominate a next - of - kin when registering with their general practitioner, or alternatively on admission to hospital . Hospitals will then notify the next - of - kin that the patient has been admitted or if there is any change in their condition . If the patient is unconscious or otherwise unable to state their next - of - kin, hospitals will usually list their nearest blood relative, though there are no specific rules . Doctors attempt to seek the views of the next - of - kin when considering decision making for unconscious patients or those who lack capacity . The next - of - kin has no power to make any decisions regarding medical care, only to advise, and can neither override the previously stated wishes of the patient nor prevent the medical team acting in what they consider to be the best interests of the patient . </P> <P> Traditionally, unmarried partners (especially same sex ones) were often excluded by certain institutions, but this has changed in recent years due to the increase in cohabitation in the UK, and in diverse families, such as those formed by unmarried partners with children (47.6% of children were born outside marriage in 2012). As a result of these social changes, the policy in most NHS trusts is to ask a person on their admission to hospital to nominate their next of kin formally . </P> <P> Powers similar to next - of - kin as defined in other jurisdictions can be explicitly delegated to another person using lasting power of attorney, under the provisions of the Mental Capacity Act 2005 (note that this Act does not relate specifically to mental health and is largely unrelated to the Mental Health Act). </P> <P> The Mental Health Act 1983, Section 26 replaced the traditional term next - of - kin with "nearest relative". </P>

Who is next of kin if both parents die