When someone dies, who has the legal authority to make the funeral arrangements?
It might seem like a simple question, but when families are trying to make arrangements during the stressful time immediately following a death it can get complicated. And if the family doesn’t live nearby, it can become even more convoluted. This question is one that almost every family will need to consider.
At Tharp Funeral Home & Crematory we always serve our families to the best of our abilities, and within the guidelines of Virginia law. To help our client families understand their options we will outline Virginia’s law on this topic in plain terms.
Did the deceased designate someone to make decisions about funeral arrangements?
A person may choose to designate a specific person to make decisions regarding the disposition of their body. This is done for a variety of reasons, but is especially prudent in a situation where the family doesn’t agree on religious or cultural beliefs. By designating a specific person to handle the arrangements, the deceased can make sure that their beliefs and wishes are honored.
This person can be designated in a notarized legal document–often in an advance directive or a Will. According to VA Law, this designation takes priority over any other next-of-kin who typically have a legal right to make the arrangements. By assigning one person to be in charge of funeral arrangements, you can avoid many potential conflicts in cases where family members would not be able to easily agree on the service plan. We have blank copies of this designee form here at Tharp Funeral Home & Crematory available free of charge. If you would like one, simply contact us and we will email you a copy.
Next-of-Kin and Blood-Related Family Members
If the deceased 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). Virginia Law states that funeral homes only need one blood-related family member to be present while making arrangements. Once that family member steps up and takes responsibility for both making and paying for the funeral arrangements, they sign a legal contract which obligates the funeral home to follow the instructions of that family member alone. As you might imagine, this can cause a great deal of tension in a family, especially when some of the family members feel left out or disagree with the arrangements being made. It’s important to remember that the funeral home is legally bound to the contract made with the family member that took initial responsibility making and paying for the arrangements.
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, VA Law states that, “Any person 18 years of age or older who is able to provide positive identification of the deceased and is willing to pay for the costs associated with the disposition of the decedent’s remains shall be authorized to make arrangements for such disposition of the decedent’s remains.”
Most of the disagreements between family members when planning funeral arrangements come from the sincere desire of each family member to honor their loved one’s life. The tension comes because each surviving family member has their own idea of exactly what that tribute should be. When they are dealing with the grief of their loss, it becomes much harder to manage these disagreements. This is one reason why pre-planning is so important for families. By pre-planning, you can designate one person to make these decisions, and you are also able to leave behind specific instructions as to your wishes regarding the arrangements. That way, your loved ones know exactly what you wanted done and how to honor you. By completing your funeral prearrangement you will illustrate to all family members what you wanted done and then much of the tension (and potential family conflicts) will be avoided.
If the deceased did not legally designate someone to make decisions regarding their funeral arrangements, it falls to the next-of-kin
next-of-kin
A person's next of kin (NOK) may be that person's spouse, adopted family member or closest living blood relative. Some countries, such as the United States, have a legal definition of "next of kin".
According to the statute, the decedent, or the dead person, has priority to make the choice. This means during the decedent lifetime he or she authorized a particular burial plan through an estate planning document. This type of authorization is likely found in a Living Will or another form of an advanced directive.
The people named in the deceased's will as their executors (or, if the deceased didn't make a will, their nearest relatives) are primarily responsible for arranging their funeral.
As a general rule, the right to make decisions over your body (cremation or burial, embalming or not, religious or secular funeral service) will pass to your closest living relative.
Organising state funerals is the responsibility of the College of Arms, the body that regulates heraldry, and the Earl Marshal. The position of Earl Marshal “is traditionally held by the highest-ranking duke in England, which is the Duke of Norfolk”, said The Guardian.
Blog. A common question that many families ask when planning funerals is: what type of honorarium should we give our pastor? In the markets that we serve the typical clergy honorarium that we see most often is $150. Again this figure can sometimes be more and sometimes be less.
If there isn't any money in the deceased's estate, the next-of-kin traditionally pays for funeral expenses. If the next-of-kin aren't able or don't want to pay, there won't be a funeral. What happens if you refuse to pay for a funeral? The funeral home is not obligated to take custody of a body.
Unless you specify otherwise, it is implied that anyone is welcome to attend the funeral. While a large funeral service is often a beautiful thing, it can also become a source of stress if there is tension among those in attendance. When you specify that the funeral is private, you control who shows up.
Many legal rules suggest that the dead do not have rights. Often, the dead cannot marry,1 divorce, or vote. The executor of an estate cannot sue for the libel or slander of a deceased person.
What Do Funeral Homes Do with the Blood from the Dead Body? The funeral home drains off the blood via the veins.They then send the blood and other fluids such as lymph into the municipal sewage system. In turn, the waste disposal officers treat these fluids before entering the town's wastewater system.
embalming for a fee without permission; requiring the purchase of a casket for direct cremation; requiring consumers to buy certain funeral goods or services as a condition for furnishing other funeral goods or services; and. engaging in other deceptive or unfair practices.
Staffing shortages and burn-out. The funeral profession is facing staffing shortages, resulting in over-commitment and burn-out among employees. More people are retiring from the workforce than entering it. Much like in other industries, COVID-19 has served to further worsen staff shortages.
The rule prohibits funeral homes from telling consumers state or local law requires the purchase of a casket for direct cremation. This must be disclosed in writing on the General Price List. If cremation is not offered, this disclosure may be omitted.
A deceased body cannot be held in any place or in transit for more than 24 hours unless it is refrigerated at 40 degrees Fahrenheit or below, or is already embalmed. When being transported, a deceased body must be placed in a container designed to prevent seepage of fluids and odors.
Chapter 497, Florida Statutes, contains laws by which the death care industry is regulated in the State of Florida, and is an important resource for both the consumer and those involved in the death care industry.
The Division of Funeral, Cemetery, and Consumer Services can assist consumers with questions or complaints. You can contact the division at 850-413-3039, or Toll Free in Florida at 800-323-2627.
Hobby: LARPing, Kitesurfing, Sewing, Digital arts, Sand art, Gardening, Dance
Introduction: My name is Amb. Frankie Simonis, I am a hilarious, enchanting, energetic, cooperative, innocent, cute, joyous person who loves writing and wants to share my knowledge and understanding with you.
We notice you're using an ad blocker
Without advertising income, we can't keep making this site awesome for you.
