Who is responsible for making the decision?

It’s important to know exactly who is legally responsible for making the funeral arrangement decisions for a loved one. If the deceased has not expressed their wishes through a written document such as a Last Will and Testament, where the deceased has designated an agent to fulfill their wishes; then the chain of command is commonly as follows:

• A person designated in writing pursuant to Public Health Law section 4201 (3)
• Legal Spouse
• Surviving Adult Child/Children
• Surviving Parent
• Surviving Adult Sibling
• Parent of Minor Child
• A lawfully appointed guardian
• A person 18 years of age or older who is the closest in relation to the deceased. The person designated as the responsible party, whoever they may be, needs to be present to make decisions, and sign documents. If you have questions about the accepted kinship-related order of precedence, call us.