Who's In Charge of My Funeral Arrangements?
- Wesley VanMeter
- Sep 21, 2015
- 4 min read
The question comes up quite a bit when making funeral arrangements, who's in charge? Although it may seem clear to many who may be in charge of their funeral arrangements when they pass, there is often conflict.
In today's soceity there are marriages, divorces, children, step-children, etc. Some of the greatest conflict in families that we see in the funeral industry is the dispute over who is in charge which puts the funeral home in the middle. When it comes to death emotions are raw and it seems that families are already on edge with each other is some cases. That is why it is so important for people to put their wishes on paper and file a copy with their funeral home as well as keep a copy in a safe place where someone you trust knows where to find them.
Ok so let's break it down legally the order of relationship that falls in line to take charge of an at need arrangement.
FUNERAL AGENT
A funeral agent is appointed before death and can be anyone you choose (not necessarily family). A funeral agent is given all rights to disposition of the body which include what type of funeral or cremation. In most states this is legal and is usually done by a simple affidavit. SAMPLE AFFIDAVIT FROM ALABAMA.
NEXT OF KIN
Who is next of kin? Spouse, children, parents?
The next of kin is a person's closest living relative, by blood or marriage, a person's legal heirs to his or her estate when there is no will designating the distribution of assets. So if no will is present and no funeral agent has been established, the person in charge of funeral arrangements is the next of kin.
Now this can get tricky, because sometimes you have several people who THINK they are in charge.
ACCORDING TO OKLAHOMA LAW
21-1158. Oklahoma Statutes Citationized Title 21. Crimes and Punishments Chapter 47 - Human Remains and Tissue, Burial, Cemeteries, and Funerals Section 1158 - Right to Control Disposition of Remains - Persons in Whom Vested Cite as: O.S. §, __ __
The right to control the disposition of the remains of a deceased person, the location, manner and conditions of disposition, and arrangements for funeral goods and services vests in the following order, provided the person is eighteen (18) years of age or older and of sound mind:
1. The decedent, provided the decedent has entered into a pre-need funeral services contract or executed a written document that meets the requirements of the State of Oklahoma;
2. A representative appointed by the decedent by means of an executed and witnessed written document meeting the requirements of the State of Oklahoma;
3. The surviving spouse;
4. The sole surviving adult child of the decedent whose whereabouts is reasonably ascertained or if there is more than one adult child of the decedent, the majority of the surviving adult children whose whereabouts are reasonably ascertained;
5. The surviving parent or parents of the decedent, whose whereabouts are reasonably ascertained;
6. The surviving adult brother or sister of the decedent whose whereabouts is reasonably ascertained, or if there is more than one adult sibling of the decedent, the majority of the adult surviving siblings, whose whereabouts are reasonably ascertained;
7. The guardian of the person of the decedent at the time of the death of the decedent, if one had been appointed;
8. The person in the classes of the next degree of kinship, in descending order, under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition;
9. If the decedent was an indigent person or other person the final disposition of whose body is the financial responsibility of the state or a political subdivision of the state, the public officer or employee responsible for arranging the final disposition of the remains of the decedent; and
10. In the absence of any person under paragraphs 1 through 9 of this section, any other person willing to assume the responsibilities to act and arrange the final disposition of the remains of the decedent, including the personal representative of the estate of the decedent or the funeral director with custody of the body, after attesting in writing that a good-faith effort has been made to no avail to contact the individuals under paragraphs 1 through 9 of this section.
The duty of burying the body of a deceased person devolves upon the persons hereinafter specified: 1. The person or persons designated in subsection B of Section 1151 of this title. 2. If the deceased was married at the time of his or her death, the duty of burial devolves upon the spouse of the deceased. 3. If the deceased was not married, but left any kindred, the duty of burial devolves upon any person or persons in the same degree nearest of kin to the deceased, being of adult age, and possessed of sufficient means to defray the necessary expenses. 4. If the deceased left no spouse, nor kindred, answering to the foregoing description, the duty of burial devolves upon the officer conducting an inquest upon the body of the deceased, if any such inquest is held; if none, then upon the persons charged with the support of the poor in the locality in which the death occurs. 5. In case the person upon whom the duty of burial is cast by the foregoing provisions omits to make such burial within a reasonable time, the duty devolves upon the person next specified; and if all omit to act, it devolves upon the tenant, or, if there be no tenant, upon the owner of the premises where the death occurs or the body is found.
NOTE: In oklahoma if there is no will and no spouse, and there is more than one child, the responsiblity of funeral arrangements is held equally among the children, meaning they must all agree to the manner of disposition.
REMEMBER: Power of Attorney ceases at death, therefore even if a person held power of attorney during someone's life it has no bearing on whether or not that person has the legal rights to make funeral arrangements.
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