If a person doesn’t have decision-making capacity, decisions about health care should be made by his or her ‘next of kin’
No. ‘Next of kin’ is an informal term commonly used to refer to a person’s immediate or close family members. The term is not recognised in the laws about decision-making for health care.The person who will make a health care decision for a person who lacks decision-making capacity will be the person’s ‘substitute decision-maker’. Who will be the substitute decision-maker for the person will depend on the legislation in your state or territory.