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Post by dyertribe on Sept 3, 2017 8:06:57 GMT
Just sayin' (its the day job kicking in) there is no legal status in 'next of kin'. For the powers you refer to, your sexual preferences etc have no bearing, you need Lasting Powers of attorney. Im half way though the second outlet of. Tasty Malbec so I'll leave it at that. If you want further info on the subject feel free to invite me to write a comprehensive thread when I'm entirely sober. No. When the person is unable, for example, to consent to a medical procedure when they are very ill, the partner in marriage is the person empowered to make the decision. LPOA is for people who are expected to become incapable of deciding on their future/present needs. Not exactly, next of kin has no legal standing. In the scenario above if the person is unable to consent the medical staff will take the next of kin's wishes into consideration but if the person is unable to make that decision and there is no LPA in place it is ultimately the medical profession's decision. I deal with these types of scenarios frequently, its ok if medics and family agree but the problems come when they don't. Health and Welfare LPAs dont kick in when tth person has capacity, but in the scenario above they don't have capacity. the 2005 Mental Capacity Act is a minefield it's self. |
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Post by Deleted on Sept 3, 2017 8:12:21 GMT
But I view marriage as something that has something to do with religion Well that's your mistake, but never mind, I can forgive you. Marriage is nothing to do with religion. Leige Lord, I humbly accept your forgiveness but I have a confession to make, I think you are wrong and discriminating to the minority of people who do believe religion plays a part in marriage. |
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Post by Deleted on Sept 3, 2017 8:15:26 GMT
Surely next of kin does have some legal status - what about intestacy laws?
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Post by Telemachus on Sept 3, 2017 8:17:22 GMT
Well that's your mistake, but never mind, I can forgive you. Marriage is nothing to do with religion. Leige Lord, I humbly accept your forgiveness but I have a confession to make, I think you are wrong and discriminating to the minority of people who do believe religion plays a part in marriage. Marriage is an instrument of the state. You can't get married in a church without signing the legal documents. But you can get married not in a church. You can of course bring religion into your marriage if you wish, but it isn't a fundamental part of it. Just as well, as we are primarily a secular country. You can bring anything you like into a marriage, religion is just one choice. |
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Marriage
Sept 3, 2017 8:24:12 GMT
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Post by Jim on Sept 3, 2017 8:24:12 GMT
Marriage is just a declaration to all your mates, the rest of the village, whatever, that you are a couple. It does have some legal rights attached resume property etc. which "jumping the brush" doesn't.In general we seem to be monogamous.
I've been happy with my sausage rider for 32 years now.
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Post by Deleted on Sept 3, 2017 8:32:41 GMT
Leige Lord, I humbly accept your forgiveness but I have a confession to make, I think you are wrong and discriminating to the minority of people who do believe religion plays a part in marriage. Marriage is an instrument of the state. You can't get married in a church without signing the legal documents. But you can get married not in a church. You can of course bring religion into your marriage if you wish, but it isn't a fundamental part of it. Just as well, as we are primarily a secular country. You can bring anything you like into a marriage, religion is just one choice. Isn't that like saying the only fundamental part of marriage is signing the legal papers? Genuine question. |
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Post by Deleted on Sept 3, 2017 8:38:02 GMT
We got married in Barnsley Town Hall in 1979. Just a simple legal process as neither of us are believers. God was not even a witness  Rog |
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Marriage
Sept 3, 2017 8:43:12 GMT
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Post by Deleted on Sept 3, 2017 8:43:12 GMT
Marriage is an instrument of the state. You can't get married in a church without signing the legal documents. But you can get married not in a church. You can of course bring religion into your marriage if you wish, but it isn't a fundamental part of it. Just as well, as we are primarily a secular country. You can bring anything you like into a marriage, religion is just one choice. Isn't that like saying the only fundamental part of marriage is signing the legal papers? Genuine question. I know someone who went through a full catholic marriage ceremony in Poland with vows etc. They still had to get married in an English registry office for it to be recognised legally here. So yes, the paperwork defines whether you are legally married and have access to the legal benefits. However, I think the emotional bond is by far the more important thing. Of course you can have that without being legally married. |
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Post by Deleted on Sept 3, 2017 8:59:37 GMT
Isn't that like saying the only fundamental part of marriage is signing the legal papers? Genuine question. However, I think the emotional bond is by far the more important thing. Of course you can have that without being legally married. Completely agree with this. It does beg the question as to why people get married though. are the fundamental reason/s just legal or making a pronouncement to others (in a way of your choosing) or something else. |
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Post by Telemachus on Sept 3, 2017 9:11:20 GMT
Marriage is an instrument of the state. You can't get married in a church without signing the legal documents. But you can get married not in a church. You can of course bring religion into your marriage if you wish, but it isn't a fundamental part of it. Just as well, as we are primarily a secular country. You can bring anything you like into a marriage, religion is just one choice. Isn't that like saying the only fundamental part of marriage is signing the legal papers? Genuine question. Yes, in law it is. Marriage after all is a legal state. After that, you can add into the mix whatever you like. People get married for various reasons, not always because they love their partner and definitely not often because their god compels it before they can have a bonk. |
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Post by thebfg on Sept 3, 2017 9:12:01 GMT
Okay...1st marriages not good for either of us,so both of us said never again.Together 7 years,he got me drunk & I said yes😄.20 years married,27 together & I cannot imagine life without him.Yes,there are times when I could smack him one( mutual I'm sure).But he is the love of my life & I love him to bits.It doesn't matter what sex your partner is as long as you love each other. that's lovelly Trina. you have nearly convinced me. I have been with the missus for 14 years. when we had our first child I said I dident want to get married because of we were having a baby. we're happy as we are although she would love to get married. money families falling apart have put us off so far. I suppose I need to bite the bullet and just ask her. I could even beat ricco and stabby to the first thunderboat wedding. |
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Marriage
Sept 3, 2017 9:12:46 GMT
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Post by Deleted on Sept 3, 2017 9:12:46 GMT
However, I think the emotional bond is by far the more important thing. Of course you can have that without being legally married. Completely agree with this. It does beg the question as to why people get married though. are the fundamental reason/s just legal or making a pronouncement to others (in a way of your choosing) or something else. As Nick suggested, some people bring their faith into it. They see marriage as a declaration to God as well as to eachother. That can be the most important factor to them. I guess marriage means different things to different people. The only consistent part these days is the legal paperwork. By the way, I'm not sure whether this country is primarily a secular state yet. There has been a big increase in the Muslim faith over the years for example. Also whilst formal religion seems to have developed a bad name for itself, in the light of all of the atrocities, I think many people still have a quiet faith. Not everyone shoves it in other people's faces!  |
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Post by Telemachus on Sept 3, 2017 9:15:58 GMT
No. When the person is unable, for example, to consent to a medical procedure when they are very ill, the partner in marriage is the person empowered to make the decision. LPOA is for people who are expected to become incapable of deciding on their future/present needs. Not exactly, next of kin has no legal standing. In the scenario above if the person is unable to consent the medical staff will take the next of kin's wishes into consideration but if the person is unable to make that decision and there is no LPA in place it is ultimately the medical profession's decision. I deal with these types of scenarios frequently, its ok if medics and family agree but the problems come when they don't. Health and Welfare LPAs dont kick in when tth person has capacity, but in the scenario above they don't have capacity. the 2005 Mental Capacity Act is a minefield it's self. Ok I get the point. Perhaps a better way of making my point is that when a person is incapacitated, the medics will normally look to the next of kin to discuss options and take guidance. If the person has previously nominated a next of kin then fine, if not but they are married, the medics will normally be happy to treat the spouse as NoK. If not married, a sibling or parent of the patient could easily claim to be the NoK and oust the influence of the partner - even if perhaps they have been together for decades. |
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Post by dyertribe on Sept 3, 2017 9:21:04 GMT
Surely next of kin does have some legal status - what about intestacy laws? I was referring to the subject of capacity and consent. BTW the government advice is that everyone over the age of 42 should have LPAs. Regarding intestacy, the rules as to who can apply for a Grant of Administration (that's what probate is called if there is no will) include spouse, siblings parents and children. The way the estate is then apportioned is roughly the first £250,000 goes to any spouse, then half of the remainder to any children and the income from the rest to the spouse. If there is no spouse or children then parents, if no parents then shared between siblings or the descendants of siblings.The above is a (very) rough outline of the system so don't call me out on the minutiae please this is a conversation not a consultation! Also many people tell me that it is not worth making a will as they dont have anything, but vert few people dont have a bank amount to close down and a will costs less that the grant of administration and will allow someone to close accounts etc without gaining probate. |
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Post by Deleted on Sept 3, 2017 9:32:30 GMT
Surely next of kin does have some legal status - what about intestacy laws? I was referring to the subject of capacity and consent. Sorry, I missed that. If ok can I send a PM - I need to update my will. |
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