I have written before about the importance of discussing funeral arrangements with family and loved ones. There are many different funeral options, some of which are quite personal. Some can be very expensive. Will you be buried or cremated? What kind of casket and vault will be used? Will there be a public memorial or a private service? Where will you be buried?  If you are cremated, what happens to your cremains?

Ohio law provides a specific method for people to direct the disposition of their bodies after death. They may execute a written declaration that appoints another person the right to determine the location, manner, and conditions of the disposition of their bodily remains.  This includes arranging funeral services and purchasing funeral goods for burial, cremation, or other manner of final disposition.

But what if someone dies without making such a declaration? An Ohio statute provides a list of people who have the power to make funeral decisions in this instance. They are set forth below in order of priority:

(1) The decedent's surviving spouse;

(2) The sole surviving child of the decedent or, if there is more than one surviving child, all of the surviving children, collectively;

(3) The decedent's surviving parent or parents; if a parent was the residential parent and legal custodian of the decedent at the time the decedent reached the age of majority, that parent's right takes precedence over the other parent;

(4) The decedent's surviving sibling, or if there is more than one sibling, all of the surviving siblings, collectively;

(5) The decedent's surviving grandparent or grandparents;

(6) The decedent's surviving grandchild, or if there is more than one surviving grandchild, all of the surviving grandchildren collectively;

(7) The lineal descendants of the decedent's grandparents;

(8) The person who was the decedent's guardian at the time of the decedent's death;

(9) Any other person willing to assume the right of disposition, including the personal representative of the decedent's estate or the licensed funeral director with custody of the decedent's body; and,

(10) If the decedent was an indigent person, the public officer or employee responsible for arranging the final disposition of the remains of the decedent.

It is important to discuss funeral preferences when putting together an estate plan. Laribee Law, LLP can provide valuable guidance. That way, family and loved ones are not forced to make complicated decisions during a difficult time of grief and mourning.

Michael Laribee is a partner in the Medina law firm of Laribee Law, LLP. This article is intended to provide general information about the law. It is not intended to give legal advice. Readers are urged to seek advice from an attorney regarding their specific issues and rights