Who has the right to control the disposition of the remains of a deceased person?

The right to control the disposition of the remains of a deceased person is typically held by the surviving spouse, adult children, or parents of the deceased. This legal standing acknowledges the close familial relationships and provides the family members with the authority to make decisions regarding burial, cremation, or other final arrangements. This hierarchy prioritizes those who are most closely related to the deceased, recognizing their emotional connection and responsibility in handling the arrangements.

In legal terms, if specific arrangements were not made prior to death, family members generally assume the authority to decide how to honor and lay to rest their loved one. This understanding is codified in many jurisdictions, including Nebraska, highlighting the importance of family involvement during this sensitive time.

Other options do not hold this level of authority in controlling the disposition of remains. The deceased person's attorney does not have the right to direct funeral arrangements unless specifically appointed through a legal document by the deceased. Similarly, the hospital does not have the authority to dictate the disposition of remains; their role typically ends with the acknowledgment of death and the provision of necessary paperwork. Lastly, while a funeral director plays a crucial role in assisting with the arrangements, they act on behalf of the family and do not have the intrinsic right to control the disposition without being directed