Next of Kin

There is no single national definition. Generally, the hierarchy is: spouse or de facto partner, then adult children, then parents, then siblings. Same-sex partners are recognised in every state.

But "next of kin" is mostly a hospital and police term — not a legal authority. Being someone's NOK does not automatically give you the right to make medical decisions, manage their finances, or arrange their funeral.

• Next of kin — contacted by hospitals/police; consulted but not always the legal decision-maker
• EPOA — legally appointed to make decisions while the person is alive but lacks capacity
• Executor — named in the will to manage the estate after death
• These can be three different people. Often they are.

Hospitals will contact the NOK for emergencies and to discuss treatment options. But if the patient has an Advance Care Directive or an appointed medical decision-maker, those documents override the NOK's wishes.

At the morgue, the NOK or the person with the right to arrange the funeral (usually the executor, or the eldest surviving relative) can authorise release of the body.

NOK disputes happen more often than people expect — especially in blended families, estranged relationships, or when a de facto partner and adult children disagree. If this happens, the hospital or funeral director may freeze decisions until a court order clarifies authority. A community legal centre can advise.