The death of a loved one is one of life’s most painful events. When someone you love passes away, whether it was expected or not, the task of arranging for the care of the deceased often falls to their next of kin.
Sometimes other family members try to help. But in these days of shifting family structures, determining who has the legal right and obligation to plan arrangements can be complex.
“In a perfect world, the deceased has a legal will, a pre-arranged funeral plan, and has had conversations with their immediate family members regarding their wishes. The person appointed as the estate trustee, more commonly referred to as executor of the will, can then take charge,” says Dave Laplante, general manager of Cooperative Funeral Home in Sudbury.
The reality isn’t always so simple.
When a person passes away without a will or executor, Dave says that caution must be exercised in determining who is able to give instructions.
“As a licensed funeral director, it is extremely important that I take direction from the proper person.”
So, who has the authority to make decisions when there isn’t a will?
The surviving spouse, legally married or living in a common-law relationship immediately before death, has the right and responsibility to arrange for the final disposition of the deceased.
If the deceased wasn’t legally separated from their spouse, and living in a common-law relationship, the funeral director may request to speak to the separated spouse and ask them to sign off their right to make funeral arrangements.
Next in line would be the children of the deceased. Regardless of who’s oldest, each child who is 18 years or older has an equal right to make funeral arrangements. When there is more than one child, instructions should be given by all children.
If one child has waived their right to participate, or is in agreement with their siblings’ decisions, proof in the form of a letter should be provided. Descendants are preferred over parents, aunts and uncles, even if the latter are closer in relationship.
Next in line to provide direction are the grandchildren of the deceased (if 18 years or older), great-grandchildren (the same age rule applies), father or mother (both parents have equal rights), siblings, grandparents, uncles, aunts, nephews, nieces and great-grandparents.
“As options for funerals have evolved, it can be hard for family members to agree on an appropriate send-off for their loved one. Having a will, along with a prearrangement indicating your wishes, can eliminate or minimize the possibility of conflict between the loved ones you leave behind,” says Dave.
Cooperative Funeral Home offers the option to pre-arrange funeral services, including an online tool. Visit www.cooperativefuneralhome.ca for more information.
