A/N - I've read a few fics lately in which Gibbs is Tony's next of kin and it got me thinking. Here is the result.


She paces the floor glancing impatiently at her watch. She really hates this. The forced inaction. The inability to do anything. The waiting. The again she gives a small smile thinking that it is the floor of a waiting room that she is pacing. It has always made her uncomfortable to be still even like now when she knows there is no reason to worry. Tony had called her himself and all he had done was twist his ankle in a game of pick up basket ball with some FBI agents at a local gym. His ankle was being bandaged and he'd need someone to take him home. Then again getting him checked out did seem to be taking a long time. She turns at the sound of the door opening to see an exhausted looking nurse walk in.

"Caitlin Todd?" she asks crossing to the only other female in the room.
"Ah. No." Startled by hearing Kate's name so unexpectedly she is slow to respond to the question.
"Oh, then you must be..." the nurse checks her clipboard before continuing "Abigail Sciuto. A colleague of Tony DiNozzo's, yes?"
"Agent Ziva David." She automatically flashes her badge and shakes the woman's hand more through habit than as a considered action. "I also work with Tony. How is he?"
"He will be fine. The doctor is just running some more tests to make sure Mr DiNozzo is fit to be released. I'm sure he'll be done soon."
"Thank you. I know Tony does not like hospitals."
The nurse smiles. "He certainly gives that impression."

Tony's Apartment. A Few Years Ago.

Staring at the paperwork on his desk he sighs. Not only had the plague taken a physical toll on his body but as reluctant as he was to admit it the situation had taken quite an emotional one as well. So now he'd been given the all clear it was time to put his affairs in order. Sort out the will, the financial side of things, maybe write a few letters to those he could be leaving behind.

Above all else he desperately needed to decide on a new next of kin to be notified should anything happen. The hospital and NCIS still had his father listed since he had always thought that when it really mattered his father would be there. Unfortunately that had proven not to be the case and despite how that hurt he needed to replcae his dad with someone more reliable. The problem was there really was nobody else in his family he wanted to put. His father was an only child and all that remained of the Paddingtons were a few cousins scattered across England. Some he didn't even know where and the thought of Crispian making critical decisions about his care...no there was no way that was going to happen.

He couldn't put Gibbs because who knew if the Boss was still going to be around when these decisions needed to be made and of course the same applied to Ducky. If he'd been injured at work Gibbs or McGee might be too. He sighs and pushes the paperwork aside. It was making his head start to hurt.

Tony's Apartment. Present Day.

"Well I think you have got everything you might need and you have been fed. Anything else I can get you before I go?"
"Can't you stay? It's going to be so boring here on my own. I feel fine but I can't do anything."
"Okay, I will stay. Can I ask you a question though?"
"Why do you have Kate and Abby listed as your next of kin?"
"Oh. Well I don't have a lot of family and it seemed like a good idea at the time."
His mind begins to drift back to a few weeks after he'd first looked at that paperwork.

Tony's Apartment. A Few Years Ago.

He still had to come up with a new next of kin. Personnel had sent him a memo about it and the boss had said he needed to decide by the end of the week. He'd reconsidered Abby as his number two person. Whatever had happened and however upset she might be Abby would fight for him and always put his best interests first. Exactly what you would want in the person making critical medical choices about your life. But who should he put as number one?

And then like a Gibbs slap it suddenly comes to him. A week ago Kate had moved into a new apartment and asked if he minded still being her local contact for emergencies and without hesitation he'd said yes. Kate. He trusted her and knew she would try to do the right thing. She would be there for him and not let him down. She would have his six. He picks up the phone and begins to dial.

Tony's Apartment. Present Day.

"Tony." Her voice is not as sharp with him as usual.
"You are starting to drift off. Maybe it is the painkillers they gave you. Want to try and rest?"
"Yeah." He lies back on the couch and she goes in search of a blanket to cover him with. As he drifts off he thinks with Kate gone I'll need to change that damn form again. I wonder if Ziva would be interested?
She returns and after gently placing the blanket over his snoring form settles into a chair to watch him sleep.