How is next of kin determined?

The law follows this order:

1. The person themselves, if they made written plans before passing.

2. Someone they legally appointed to make healthcare decisions. The only acceptable forms of appointment are an Advanced Healthcare Directive or a Durable Power of Attorney for Healthcare. See more here.

3. Their legal husband, wife, or registered domestic partner.

4. Their adult children (majority must agree if there is more than one).

5. Their parent or parents.

6. Their adult siblings (again, majority must agree).

7. Grandparents, grandchildren, and other extended biological family if needed.

If two or more people are in the same group (for example, multiple adult children), they all share equal decision-making rights.