Under current UK law, a next of kin has no automatic legal authority. Yet in practice, they are frequently treated as the default decision-maker when a patient is too unwell to advocate for themselves. This dangerous gap allows others to override the patient’s voice, even when wishes are expressed, known, or documented. That legal grey area must be closed.

While a Lasting Power of Attorney (LPA) can help safeguard a person’s health and welfare decisions, many do not have one in place, particularly if illness comes on suddenly. Even when an LPA does exist, it often doesn’t cover the relational or emotional aspects of care: like who should be allowed to visit or be present during treatment or at the end of life or even where families are at conflict within and think others should not be present. 

It’s heartbreaking to recount the experience of being denied the right to be by my partner’s side during his time in a coma and final moments, despite his clear and repeated verbal wishes in the months that led up to it for my presence. He had expressed many times that he wanted me with him during times of illness or crisis. This was also written in his expression of wishes document, where I was named as his chosen next of kin. 

Even his daughter acknowledged he would have wanted me there. But using her status as next of kin from a prior hospital admission, she instructed staff to exclude me. Shockingly, the hospital complied, ignoring his clearly expressed wishes and the documentation provided. His last week was without the person he wanted by his side. Though ITU eventually relented and allowed me to be there when his ventilator was switched off, the emotional damage had already been done. 

This is not an isolated incident. Many charities and advocacy organisations, including Marie Curie, Compassion in Dying, and Dying Matters have highlighted that confusion around next of kin status, inconsistent hospital policies, and family disputes frequently result in patients being denied access to the people they want most. This causes deep emotional distress for patients and loved ones alike. 

Sometimes, even when a patient has clearly voiced who they do or don’t want around, family members act in opposition, and hospitals follow suit. This is unacceptable. Patients deserve to be surrounded by those they love and trust, not excluded because of family conflict, outdated assumptions, or misplaced authority.

This tragic experience is not unique. It reveals a systemic failure in how our healthcare system recognises and enforces patient autonomy, particularly regarding the autonomy of patients to dictate emotional care and end-of-life visitors or companions. Patients deserve to be surrounded by the people they love and trust. Such experiences can be deeply distressing for both the patient and the person they wished to have by their side. 

We are calling on Parliament to introduce binding legislation to make it unlawful for anyone, whether next of kin, family member, appointed representative or NHS Trust, to knowingly override, block, or ignore a patient’s wishes regarding who they want present during illness, hospitalisation, or end-of-life care.

This protection must extend beyond formal documents to include:

Verbal statements
Patterns of behaviour
Staff observations
Previous visits
Care records indicating the person's importance to the patient
If hospital staff are aware that someone was meaningful to a patient, they should be legally obligated to act on that knowledge, rather than defer to someone else's influence or control.

Currently the next of kin only owes an ethical duty of care to the patient. This should not only uphold the patient's autonomy but also ensure that the NHS trusts are legally bound to honour these wishes even if family members attempt to block someone the patient wanted to be present.

Implementation of this law will create a legal framework that supports and respects patient autonomy, providing a compassionate and ethical standard of care that aligns with the wishes of those at their most vulnerable time. By enacting this legislation, we reaffirm our commitment to the dignity and rights of patients, ensuring they are surrounded by the love and support they desire and deserve in their final days.

We propose the following legal reforms:

Make it unlawful for any individual or entity, including next of kin, to override or ignore a patient’s documented or verbally expressed wishes regarding supportive presence, visitation, or companionship during serious illness or end-of-life care.
Protect informal expressions of preference, including consistent behaviour, past visits, and staff knowledge, even where there is no formal documentation.
Create a distinct legal mechanism, separate from the LPA, allowing patients to easily designate who they want present during illness or hospitalisation. This should be legally binding and routinely reviewed (e.g. during GP visits or hospital admissions). 
Mandate that healthcare providers document, uphold, and escalate concerns when a representative acts against a patient’s known wishes. Challenges to this must be treated as safeguarding concerns, not family discretion.
5.     Establish clear regulatory penalties or consequences for individuals or institutions who knowingly and unjustifiably violate patient-directed choices in this area.

This is about more than paperwork, it’s about dignity, autonomy, and love. It’s about making sure that in a patient’s final days or most vulnerable moments, they are not left alone, unsupported, or excluded due to someone else’s disapproval or authority.

Everyone deserves the right to decide who is by their side when it matters most.

Let’s ensure that this right becomes a legally enforceable standard, not just an ethical hope.

This petition reflects personal experience but is not intended to criticise any individual or specific organisation. It seeks legal reform to support future patients and care providers.

Please sign and support this petition, so that no one else has to be kept away from someone they love when it matters most. Together, we can protect patient voices and relationships—everywhere.