The Legal Authority to Make Funeral Arrangements isn’t Always Easy to Determine

By: Batchelor Brothers Funeral Services
Sunday, October 17, 2021

When a loved one passes on, disagreements may arise between family members about the disposition of the body and the funeral arrangements.

These are delicate issues to face at a stressful time, so who has the ultimate say, and what’s the best way to resolve these sensitive disputes? To help you understand the options, we’ve outlined some basics about the legal authority regarding funeral arrangements.

Did the deceased designate someone to make decisions about funeral arrangements?

A person may choose to designate someone to make decisions regarding the disposition of their body when they pass away. This is done for a variety of reasons but is especially wise in situations where the family doesn’t agree on religious or cultural beliefs. By designating a specific person to handle the arrangements, it ensures that the wishes of the departed are honored. This individual is designated in a notarized legal document, usually the advance directive or will. In most states, this designation takes priority over any other next of kin.

Understanding the Next of Kin Hierarchy

If the departed did not legally designate someone to make decisions regarding their funeral arrangements, it falls to the next of kin, which is the closest blood-related family member or spouse over the age of 18. There is a legal order that must be followed in determining the next of kin, which is as follows:

·       Spouse/domestic partner

·       Adult children

·       Parents

·       Siblings

·       Authorized guardian

·       Grandchildren

·       Great-grandchildren

·       Nieces and nephews

·       Grand-nieces and grand-nephews

·       Grandparents

·       Aunts and uncles

·       First cousins

·       Great-grandchildren of grandparents

·       Second cousins

·       Fiduciary (a legally appointed trustee) 

What happens when there is no one to make arrangements?

In cases where there is no surviving blood relative and no one has been designated by the deceased to handle the funeral arrangements, the county offers its services. They first attempt to locate any family or legal documentation that may outline funeral preferences. If none is found, the local Social Services Department steps in to handle the necessary arrangements. 

The answer is not always cut and dry.

In many cases, a number of people are deemed to share responsibility for decisions about funeral arrangements and burials, and that’s when disputes tend to arise. Add pre-existing family drama to mix and things can get even messier. Religious differences, geographic distance, or family division as a result of divorce or disagreement can create a recipe for disaster. If an agreement can’t be reached, the court usually has to intervene.

Funeral pre-planning is a smart pre-emptive choice.

These situations can cause tremendous tension, especially when some family members feel left out or disagree with the arrangements being made. Most of the contention between family members when planning funeral arrangements comes from the sincere desire of each person to honor their loved one’s life. Everyone is also dealing with deep personal grief and it makes these disagreements much harder to manage. That’s why funeral pre-planning is so important. It allows you to designate one person to make these important decisions and you can also leave behind specific instructions regarding your preferences for the arrangements.

Whether you’re preparing for your own funeral or making the arrangements for a loved one, it’s helpful to know the legal ins and outs. If you have questions about the legal authority for funeral arrangements or would like assistance with pre-planning, our compassionate funeral directors are here for you. Please contact us anytime.

About Batchelor Brothers Funeral Services: As a leading African American-owned and operated funeral and cremation organization, Batchelor Brothers Funeral Services has provided a ministry of care to thousands of grieving families. We promise to provide our highest level of distinguished service and respect to families who entrust us to honor their loved ones. In all aspects of the funeral process, we strive to be the absolute best and are honored to help preserve our clients’ legacies for future generations. With two convenient locations serving North and West Philadelphia, it is always our pleasure to be of service. Please visit our website for more information.

Leave a comment
Name*:
Email:
Comment*:
Please enter the numbers and letters you see in the image. Note that the case of the letters entered matters.

Comments

Please wait

Previous Posts

Your Guide to Visitation Etiquette: Eight Basic Rules Everyone Should Know

By mastering funeral visitation etiquette, you can ensure that your presence brings comfort at a difficult time. Knowing the expectations and protocols can help you navigate these delicate situati...

A Labor of Love: How to Choose Burial Clothes for the Departed

When preparing for a loved one’s final goodbye, the choice of burial clothing becomes a heartfelt expression of reverence. The loss of a loved one is often a deeply emotional time. Amid grief, man...

Looking to Add More Produce to Your Diet? Try These Ten Simple Solutions

Take the first step towards a healthier you by learning how to effortlessly add more produce to your diet. Incorporating more fruits and vegetables into your diet goes beyond just meeting the dail...

The Ultimate Guide to Understanding Cremation: Seven Useful Facts Everyone Needs to Know

Understanding cremation begins with separating the facts from the misconceptions. Cremation has become increasingly popular in recent years as individuals seek alternative end-of-life options. Des...

Traditional Funeral Flowers Not For You? Here Are Six Clever, Eco-Conscious Options

As we become increasingly aware of environmental concerns, the impact of traditional funeral flowers on our planet has come under scrutiny. Amid grief and loss, funeral flower arrangements have lo...

Winter Heart Attacks Are More Common Than You Think. Here’s How to Reduce Your Risk

Amid the serene beauty of frosty settings, winter heart attacks are a chilling reality for many people. Winter is a picturesque time of year with its snow-covered landscapes and crackling fireplac...

How Heartfelt Condolence Messages Can Ease the Pain of Grief

Condolence messages are often a source of great comfort to those who are grappling with loss. This simple gesture lets you express your sympathies and lets the bereaved know they are in your thoug...

Five Inspiring Ways to Celebrate Martin Luther King Day 2024

In the United States, Martin Luther King Day is observed annually on the third Monday in January. The day commemorates the life and legacy of Dr. Martin Luther King, Jr., a Baptist minister and pr...

The Causes of Pneumonia: Five Surprising Facts Everyone Should Know

The lesser-known causes of pneumonia involve some unexpected factors that go beyond the usual suspects. Did you know that, together with the flu, pneumonia is a top cause of death in the United St...

Funeral and Estate Planning is a Smart New Year’s Resolution. Find Out Why.

This New Year, go beyond the surface-level resolutions and delve into the power of funeral and estate planning. The journey through advanced funeral and estate planning may not be fun, but it is a...