
Saw this today – Are adopted parents/ guardians considered next of kin in legal terms when dealing with post mortem ? In other words, the child is now an adult – no kids, no husband – who legally defaults to power of attorney (POA) when one isn’t otherwise appointed or who has legal say over the deceased child’s (now adult) estate, etc. I saw a post about a biological parent legally adopting as an adult and it caused me pause. I don’t want my adopted family to ever become default decision makers or have rights over me or my estate post mortem or otherwise. I never considered the possibility until now, or what the possible complications could be.
Some thoughts – If a will is not written, yes. Similar thought here – if there’s no written POA, it would default to the adoptive parent or adoptive sibling. The biological parent/family wouldn’t be considered, unfortunately, unless it’s been written into a legally binding will. One adoptee said bluntly – Please consult with an estate planning attorney. Blogger’s note – this is an important point that I learned when my own parents passed away – A will is important because even if you appoint a power of attorney, that becomes null and void upon death. A will is what is enacted after death.
Another person strongly encouraged – please make a will asap and also speak to your medical providers about changing your health care proxy as well (at every appointment I go to, they ask if I have a proxy and if I would like to change it – so it should be possible to get this done right at the front desk). Even listing a trusted friend on there is better than leaving it blank!
An adoptee shared this – My “common law husband” and I are not legally married (for our own reasons) and I had to get something certified saying he was my next of kin in the event of an emergency.
Important points from an adoptee – your adoptive parents are your next of kin – unless you create legal documents saying otherwise. These are inexpensive/ free to create – so don’t delay. My mom legally adopted me, but not for this reason. My bigger concern was who is going to be listed as my parents on my death certificate, and other documents used for genealogy. I don’t want future generations to believe a lie and think my former female adopter is my family.
One shared this story that it can be not even due to death – My nephew just got notified he is next of kin to his FORMER stepmother, who never adopted him and who was his abuser. He is the closest person she has legally to kin. She lapsed into a coma in Mexico and the US Consulate tracked him down. So it isn’t just your remains, it is your living body – if you cannot decide for yourself. Yes, it is horrifying. You need more than just a will!
Some valuable insights from an adoptee who has worked in a retirement community for nearly 15 years – Get all of your paperwork up to date (Financial power of attorney, Health Care proxy/Advance Directive), and create a will, and give copies to people you trust. I’ve seen a lot of awful things between unwanted health decisions being made to legal battles over estates because paperwork wasn’t in order. In your paperwork, be as specific as you can be about your wishes, who should make decisions, and what should happen to your property. All of those people need copies, and keep extra copies in a safe place separate from the original.
She adds – In my own family, we had a bad actor around after a family member died. This person stole the original will thinking it would stop the wishes of the deceased from being upheld (so they could take everything for themselves), but we had a copy of the will and went to court to fight for it to be accepted. Thankfully it was, because there was no evidence provided to show that there was a new will drawn up or that this one was void.
The child of a step-parent guardianship with current experience notes – If you have a will, beneficiaries on your bank accounts and power of attorney in place that will supersede next of kin. I’m in the estate process for my grandpa and he had no will, POA or beneficiaries listed on anything.
Another important point – A living will. You can direct that a certain person is in charge. Just make sure you have things on file. Make sure whomever is in charge of your medical poa, should you become incapacitated, KNOWS your wishes. Think about what you would want done and make sure that person clearly knows it. Someone else suggests similarly – Have an advanced care directive that clearly states who is able to make medical choices on your behalf in case you are incapacitated. Carry it with you at all times.









