Legal Question in Wills and Trusts in Georgia
What is the significance of a Next of Kin Areement? Can it make you liable?
2 Answers from Attorneys
More information is needed. Who signed the agreement? Under what circumstances?
What liability? What is the relationship between the signator and the person who may be liable?
Liable for what? A next of kin agreement is between the person who may be ill and someone else and authorizes the someone else to carry out the other persons wishes with regard to funerals and such. A next of kin agreement is not a substitute for a healtcare power of attorney and advance directive although it could be used in conjunction with those documents. The only liability I can see is that if a family member or members are not included, then he/she/they could claim that the person designated did not do what the deceased wanted. If you followed the agreement, I do not see how they have a valid claim. Better for the ill person to make his or her wishes known through proper powers of attorney (both financial and healthcare) and advance directives so that there is no mistake about what the person would have wanted.