The Right to Authorize Cremation

If you were to pass away tomorrow, who would have the legal right to authorize your cremation? The answer may surprise you. Utah law requires that a legal document, called a cremation authorization form, be completed and signed by an individual with the proper authority. This form must be signed before cremation can take place. A hierarchy of persons legally authorized and responsible to determine the control of disposition has been set forth according to Utah State Code. In other words, there is a legal order of persons that can and will be recognized to make your final arrangements. All parties involved must be at least 18 years of age and mentally competent. The following is the order of succession:

1.) A person designated in a written instrument. This written instrument must contain specific information and be witnessed by two unrelated individuals. This does not include individuals granted power of attorney. Power of attorney ceases upon death.

2.) The surviving legally recognized spouse.

3.) The sole surviving child, or the majority of multiple children.

4.) The surviving parents, each of whom have equal rights.

5.) The majority of surviving siblings.

6.) The next degree of kinship in descending order, which includes grandchildren, great-grandchildren, nieces, nephews, etc.

7.) A public official charged with arranging for disposition.

8.) Any other person(s) willing to assume responsibility.

As you may imagine, certain family dynamics create interesting situations for funeral directors. Some of the most common disagreements that occur among family members include situations that involve common law marriages, second marriages, estranged children, step-children, family members that cannot agree, and incomplete information in a will or trust. The death of a loved one is an emotional experience and can bring out the best or the worst in family members.

What can be done to alleviate these types of issues? The answer is quite simple – authorize your own cremation in advance. Preplanning allows you to enjoy peace of mind knowing that the burden of making difficult decisions will not be on the shoulders of your loved ones. Preplanning is easy and only takes about one hour.

Please visit The Cremation Center of Southern Utah today to begin this important process and receive your free Cremation Planning Guide. We are located just off Riverside Dr. at 1316 S. 400 E., Ste. A5, St. George, or call (435) 986-9100.