After a loss

Who has the legal right to make funeral decisions

It's set by state law, and it isn't always who the family expects.

Every state has rules about who gets to decide what happens to a person's body: burial or cremation, which funeral home, and where they rest. This is often called the right of disposition.

If the person named someone

Many states let a person name an agent ahead of time, sometimes on a dedicated form and sometimes in a healthcare power of attorney, the document that names someone to make medical decisions if a person can't. If they did, that person usually has the final say.

If they didn't

State law sets an order. A common version looks like this, though details vary by state:

• Spouse or registered domestic partner
• Adult children (some states require a majority to agree)
• Parents
• Adult siblings
• Other relatives, then others who step forward

In many states, the executor named in a will (the person chosen to handle the estate) doesn't automatically control funeral decisions. Wills are also often read after the funeral, so wishes written only in a will can be missed.

When family members disagree

If people with equal rights disagree, such as several adult children, funeral homes may wait until there's agreement or a court decides. That can delay things.