Legal Definitions - kindred

Kindred refers to a person's relatives or family members. In a legal context, it typically encompasses individuals connected by blood (consanguinity), marriage (affinity), or legal adoption. This term is often used when determining rights, responsibilities, or relationships within areas such as inheritance, family law, or eligibility for certain benefits.

• Example 1: Inheritance Without a Will

  When a person passes away without leaving a valid will (known as dying intestate), state laws dictate how their property and assets should be distributed. These laws often specify that the estate will be divided among the deceased's kindred, such as their spouse, children, parents, or siblings, following a predetermined order of priority.

  Explanation: In this scenario, "kindred" legally identifies the specific family members who are entitled to inherit from the deceased's estate according to the law, in the absence of a will.

• Example 2: Guardianship of a Minor

  If a court needs to appoint a legal guardian for a child whose parents are unable to provide care, the court will typically prioritize appointing a member of the child's kindred. For instance, a grandparent, aunt, or uncle would usually be considered before a non-relative, assuming they are suitable and willing to take on the responsibility.

  Explanation: Here, "kindred" helps establish a hierarchy of individuals who have a natural or legal claim to care for a minor, reflecting the legal system's preference for keeping children within their family network when possible.

• Example 3: Medical Decision-Making for an Incapacitated Adult

  If an adult becomes suddenly incapacitated and unable to make their own medical decisions, and they have not previously designated a healthcare proxy or power of attorney, hospitals and medical providers often turn to their closest kindred. This typically means a spouse, adult child, parent, or sibling, in a legally defined order, to make critical healthcare choices on the patient's behalf.

  Explanation: This illustrates how "kindred" determines who has the legal authority to act as a surrogate decision-maker for an incapacitated individual, ensuring that important life-or-death choices can still be made by those closest to the patient.