Society and law have long realized the emotional connections of dealing with a deceased loved ones physical remains, and the incredibly fragile tenor of making sure those remains are handled with dignity, care, and following the wishes of the decedent and his or her family.

    Although they are unusual, we unfortunately still see turbulent and tragic situations where families or other interested parties argue about these issues in a moment of crisis, or where there are legal impediments to carrying out what needs to be done.  In less critical situations, individuals may simply have wishes they want known and carried out, with the least trouble and problems for their family or other loved ones. Additionally, carrying out these wishes will always be in the hands of a third party funeral home or crematorium, who will want to make sure they are following the very strict law and regulations imposed upon them in these delicate matters.

    Under Arizona law, specifically, A.R.S. 36-831,  the responsibility and authority  of burying a body or providing other funeral and disposition arrangements is in the following order:

    1.    Spouse (unless legally separated or divorce is pending)

    2.    The Person named under a Durable Power of Attorney for health care purposes (yet one more reason it is very important to have such a document in place, especially when you would choose someone other than your closest family members.  This is your chance to put the person you want in control of the situation when the time comes!).

    3.    If the person was a minor, his or her parents.

    4.    The adult children of the person.

    5.    The parent of the person.
    
    6.   The adult sibling of the person, and then the list goes on to more remote relatives.

    Then, under 36-831.01(A), if the person with responsibility is aware of the decedent's wishes regarding the disposition of remains, that person shall comply with those wishes if they are reasonable and do not impose an economic or emotional hardship.

    Of course, the fundamental issue regarding the disposition of remains often involves whether or not there should be cremation, and, without specific authorization, the funeral home cannot legally cremate a decedent.
    
    The specific authorization for cremation may be a written statement directing cremation or other lawful disposition, by the individual while he or she is alive, and this document under A.R.S. 32-1365.01 must be notarized or witnessed, and, if this is legally completed, the institution performing the cremation does not need to receive authorization from other individuals.  However, they are not legally bound to do so unless they have made financial arrangements, most typically a prepaid plan. Once again, if this issue is important, here is the chance to make sure your wishes are carried out.

    Without specific written authorization from the decedent himself or herself in the form of the statement indicated above, the institution cannot cremate without the prior written consent of the "authorizing agent."  The authorizing agent is the individual under the same priority listed above, which means that they are also obligated to carry out the known wishes of the decedent.

    So, whenever an individual has specific wishes for their burial, cremation, funeral arrangements, or organ donation,  etc., whether they are for a "Green Burial", burial in accordance with their religious beliefs, or simply their individual desires, they should be specifically spelled out in a clear, written fashion, and are best included in the individual's Health Care Power of Attorney, although they may be repeated in the Will. A specific affidavit or written statement meeting the legal requirements for cremation should be executed if that is the individual's wish, to give the funeral establishment or crematorium the authorization they require under Arizona law.