Who Makes the Funeral Arrangements?

The Senate Enrolled Act 371 has recently amended the priority statute on funeral planning and disposition of a decedent’s body. The following people, in the order of priority listed, have authority to designate the manner, type, and selection of the final disposition of human remains, to make arrangements for funeral services, and to make other ceremonial arrangements after a person’s death:

1. A person granted the authority in a Funeral Planning Declaration or in a “Record of Emergency Data” form if the individual died while serving any branch of the U.S. Armed Forces

2. A person granted the authority in a Power of Attorney or Health Care Power of Attorney

3. A spouse (that was not separated or seeking a divorce)

4. The surviving adult child(ren) (by majority if more than one child)

5. The surviving parent(s)

6. The surviving sibling(s) (by majority if more than one sibling)

7. The individual in the next degree of kinship

8. The surviving stepchild(ren) (by majority if more than one stepchild)

9. The person appointed to administer the decedent’s estate

This Act amends the previous priority statute to now include stepchildren and a Personal Representative.