ABSTRACT
Patients may naturally wish to identify a person for the hospital to contact, useful for arranging their discharge, or to deal with other domestic arrangements. The clinicians will also wish to have a nominated person with whom they can communicate if their patient deteriorates to the point where his or her capacity is lost. Since the role is not defined in law, it is unsurprising that the next of kin has no powers. However, clinicians must seek information as to the wishes, feelings and beliefs of an incapacitated patient. A rather easier situation arises where the patient has arrived lacking capacity, unable to pronounce on ‘next of kin’. The hospital record may thus stand empty, or the most interested accompanying person may have identified themselves, and now appear on the record. Any adult might ponder who they would wish to nominate in the event of their own incapacity. One answer lies in the Lasting Power of Attorney.
