Q&A

Who has the authority to make funeral arrangements?

Who has the authority to make funeral arrangements?

In all states, it is legal to have your loved one’s body at home after they die. California has no law requiring that a licensed funeral director be involved in making or carrying out final arrangements.

What decisions does the family have to make for a funeral?

Surviving Parents – Both must agree and authorize disposition. Surviving siblings – The majority need to authorize. Court-appointed guardian. Most-responsible-party – with no spouse, children, parents or siblings alive, the funeral home can take the person that is closest in relation for authorization.

Who decides who goes to a funeral?

Decisions about burial are typically decided by reference to a family hierarchy that starts with the deceased’s spouse, who is then followed by children, parents, siblings and more distant relations.

Who pays for funeral when parent dies?

Sometimes, the person who’s died has already paid for their funeral. Or they’ve left some money in their estate to cover it. If so, the executor of the estate will take care of paying the funeral bill. Otherwise, usually a relative or friend pays for the funeral.

Do you have legal right to make funeral arrangements?

In extreme cases, it may come down to legalities. Unfortunately, there is no national standard that oversees this issue, and every state has their own regulations regarding the rights of family members, spouses, and partners when it comes to funeral arrangements.

Can a family member make the final decision on a funeral?

We often find close loved ones become very upset when they are told they cannot make the final decision on funeral arrangements and that they cannot challenge the decision at court. The terms of a will, such as how the estate’s property is divided, may however be contested through legal action.

Can a next of kin make funeral arrangements?

No. Even if you put your wishes in a will or pre-pay your funeral, your next-of-kin can override your wishes and decide the arrangements and disposition. The reasoning behind this law is that funerals are primarily for the benefit of the living, and so they should be allowed to decide what type of arrangements are made.

Who is responsible for funeral arrangements in Michigan?

The Next-of-Kin Has Priority. In Michigan, the decedent’s next-of-kin has the authority to control the funeral arrangements and disposition of the decedent (disposition refers to whether the person is buried or cremated and where).

In extreme cases, it may come down to legalities. Unfortunately, there is no national standard that oversees this issue, and every state has their own regulations regarding the rights of family members, spouses, and partners when it comes to funeral arrangements.

How can I make my own funeral arrangements?

It allows you to choose the specific items you want and need, and compare the prices offered by several funeral providers. It also spares your survivors the stress of making these decisions under the pressure of time and strong emotions. You can make arrangements directly with a funeral establishment.

We often find close loved ones become very upset when they are told they cannot make the final decision on funeral arrangements and that they cannot challenge the decision at court. The terms of a will, such as how the estate’s property is divided, may however be contested through legal action.

No. Even if you put your wishes in a will or pre-pay your funeral, your next-of-kin can override your wishes and decide the arrangements and disposition. The reasoning behind this law is that funerals are primarily for the benefit of the living, and so they should be allowed to decide what type of arrangements are made.