Legally Speaking
Every state has laws and rules regarding the disposition of a decedent whether burial or cremation. These laws can vary from state to state, so please be advised that the state or country in which the decedent passes will dictate the laws and rules that govern disposition.
Please see details below for Ohio, Kentucky, and Indiana residents.
For Ohio Residents:
In Ohio, there is an order for who controls the right of disposition, including the possible Appointment of Representative by the decedent. It is important that families understand these legal requirements, whether you are preplanning or handling arrangements at the time of death. Your licensed funeral director will help guide you and answer any questions you have. Our funeral directors and family service advisors are not lawyers and cannot provide legal advice so please refer to your legal professional and attorney for advice and counsel.
An Appointment of Representative Form (Ohio form attached) must be:
- Completed accurately prior to death
- Must be signed by the individual (not their power of attorney or any other individual on their behalf)
- Must be notarized or witnessed by 2 individuals with no vested interest
- Must be completely and accurately completed
- Must be presented to the funeral director at the time of arrangements, following the death
(Insert the Appointment of Representative Form)
In Ohio, the person(s) having the right of disposition is as follows: (a) The representative appointed by the Decedent to have the right of disposition. (b) The deceased person’s surviving spouse; (c) The sole surviving child of the deceased person or, if there is more than one surviving child, all the surviving children, collectively. (d) The deceased person’s surviving parent or parents; (e) The deceased person’s surviving sibling, whether of the whole or of the half blood or, if there is more than one sibling of the whole or of the half-blood, all of the surviving siblings, collectively; (f) The deceased person’s surviving grandparent or grandparents; (g) The lineal descendants of the Decedent’s grandparents. (h) The person who was the deceased person’s guardian at the time of the deceased person’s death, if a guardian had been appointed. (i) Any person willing to assume the right of disposition, including the personal representative of the estate or the licensed funeral director with custody of the body, after attesting in writing and good faith that they could not locate any of the persons in the above priority list.
- 2108.81 Right of disposition - no declaration of assignment.
http://codes.ohio.gov/orc/2108.81 - 2108.79 Multiple assignees - majority rule - deadlock.
http://codes.ohio.gov/orc/2108.79