Being listed as next of kin does not, by itself, settle who can consent to healthcare or administer an estate. The relevant authority depends on the decision and the circumstances. Ask what role is being requested and what documents establish it.
Healthcare decisions
NSW Health’s advance care planning guidance explains the person responsible, enduring guardians and Advance Care Directives. Decision-making capacity and the authority held by a substitute decision maker matter. A valid, applicable directive records the person’s own treatment preferences; an ordinary contact entry on a form is not a substitute for those arrangements.
Estate administration
For a deceased estate, identify the will and any relevant court documents. The NSW Government’s guide for executors explains estate administration. Seek advice about who can act and whether a grant of probate or administration is needed in the particular estate. Do not assume that being the emergency contact gives authority to deal with assets.
Prepare before a decision is needed
- Locate relevant wills, guardianship appointments and healthcare documents.
- Discuss treatment preferences with the treating team and people you trust.
- Ask who has authority for the specific decision.
- Keep current documents accessible to those who may need them.
- Get advice if authority is unclear or disputed.
For will preparation, see what to have ready before making a will. Explore wills and estates information and our directory guides.
General information, not legal advice. This does not take your circumstances into account or create a lawyer and client relationship. Lawyers of Sydney is operated by Jameson Law. A directory listing is not a recommendation.