next of kin

[sex goddess]

My dad is being put into a care home, but does not want to go, but step-mother is next of kin, what can I do to alter the status quo

[ummmm]

Is he still able to make all his own decisions?

[MaryJayne99]

Is the decision right?.
My father in law had to go into a home as he was sectioned under the mental health act by the NHS.
When he was in hospital he attacked 2 nurses and a visitor of another relative who happened to be a policewoman.
She missed a shift as a result.
If the decision is right it may not matter who the next of kin is.
The doctors did say the NHS had powers to compel him to go into a nursing home as he was dangerous.
One good point was the NHS was liable for all his care home fees. We were advised if he was to be taken out of the home he had to be with at least 2 people.

Mary

[ummmm]

To make decisions on behalf of someone you need to have lasting power of attorney.

http://www.direct.gov...talcapacity/DG_185921

[tonywiltshire]

Your father should not be able to be forced into a care home against his will.
Your father may be able to nominate you as his next of kin, or you may be able to nominate yourself, as you have no doubt discovered the NOK does not have to be a blood relation.

[atalanta]

Very much depends on his capacity to make decisions, and on his state of health, both physical and mental. If he has given Power of Attorney to his new wife, you are stuck. If he has not done this for her or for anyone else,and if he is capable of making a decision, ask him to give you these powers ( see the website of the Public Guardian)
If he is unable to understand or make decisions, you have to apply to become a Deputy in the Court of Protection, which is an absolutely ghastly and desperately expensive business, and can take 2 years.
My brother and I had to do this for our father, who was in a hopeless state of dementia, but did not accept his inability, and was extremely difficult.
We had to disclose to the Court of Protection the existence of any other close relatives , so you would have to mention your stepmother, and she would have to be included if she wanted to be included.
But try to avoid this, as the bureaucracy involved is positively Dickensian.