Unless a person has knowledge that contrary directions have been given by the decedent or if a decedent has not executed a document declaring a specific person to make arrangements or a pre-arrangement. The following persons, in the order of priority stated, have the right to arrange for the final disposition of the body of the decedent, including by cremation.
- (1) The surviving spouse or domestic partner of the decedent
- (2) An adult child of the decedent
- (3) A parent of the decedent
- (4) An adult brother or sister of the decedent
- (5) A person acting as a representative of the decedent under a signed authorization of the decedent
- (6) The guardian of the person of the decedent at the time of the decedent's death, if one has been appointed
- (7) In the absence of any person (1-6) any other person willing to assume the responsibility to act as the authorizing agent for purposes of arranging and paying for the final disposition of the decedent's body, after attesting in writing that a good faith effort has been made to no avail to contact persons with a higher right of disposition (1-6) or that none of the above persons are known to the authorizing agent making arrangements.
A majority of persons within the same tier of authorization must agree on the cremation in order for it to proceed. Otherwise a petition of court will be required to make disposition