Who is the person that has the “legal authority” to make funeral arrangements?

Who is the person that 

has the 

“legal authority” 

to make funeral 

arrangements?

The Cremation, Interment and Funeral Services Act, states that

1. The right of a person to control the disposition of the human remains or cremated remains vests in, and devolved on, the following persons in order of priority:

a.  The person representative named in the will of the     

     deceased

b.  The spouse of the deceased

c.  An adult child of the deceased

d.  An adult grandchild of the deceased

e. If the deceased was a minor, a person who was a legal guardian of the person of the deceased at the date of death

f.  A parent of the deceased

g.  An adult sibling of the deceased

h.  An adult nephew or niece of the deceased

i.  An adult next of kin of the deceased, determined on the basis provided by sections 89 and 90 of the Estate Administration Act

j. The minister under the Employment and Assistance Act or, if the official administrator under the Estate Administration Act is administering the estate of the deceased under that Act, the official administrator

k. An adult person having a person or kinship relationship with the deceased, other than those referred in paragraphs (b) to (d) and (f) to (i).

    2.    If the person at the top of the order of priority set out in  

           subsection one is unavailable or unwilling to give instructions,   

           the right to give instructions passes to the person who is next in    

           priority.

    3.    If, under subsection on, the right to control the disposition of  

           human remains or cremated remains passes to persons of equal  

           rank, the order of priority

a. Is determined in accordance with an agreement between or among them, or

b. In the absence of an agreement referred to in paragraph (a), begins with the eldest of the persons and descends in order of age.

     4.   A person claiming that he or she should be given the sole right 

           to control the disposition of the human remains or cremated   

           remains may apply to the Supreme Court for an order regarding   

           that right.

A funeral provider, cemetery or crematorium, will not provide burial or cremation arrangements unless they have received written authorization from the person who under the above section has the right to control the disposition of the human remains.  

It is therefore imperative that you state in your WILL the name of the person who shall have the control over the final disposition.  Do not forget to give a copy of your WILL to the person you are entrusting with the final arrangements.

Information taken from the booklet "Helpful Information" by the Funeral Service of British Columbia Canada