If my ex is on life support and his sister has determined herself to be next of kin but he has 3 adult children, who has the say regarding the continuance of life support?

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If my ex is on life support and his sister has determined herself to be next of kin but he has 3 adult children, who has the say regarding the continuance of life support?

Also, what is the order of who can apply for his social security benefits? I don’t want family conflict but I do want the adult kids to know where they stand so they can make informed decisions.

Asked on January 9, 2015 under Estate Planning, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for the situation.  Your children would probably have priority over his sister but that would entail their asking the court to intervene if the hospital will not oblige.  They should inquire about that to the hospital asap.  As for SS survivor benefits, they can only get them up to age 18 (19 if they are attending school) or if they are considered disabled under the law.  I am giving you a link.  Good luck.

http://www.ssa.gov/survivorplan/onyourown4.htm


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