Who Can Authorize Funeral Arrangements in Florida?

Florida law says who can make decisions about a person’s funeral, burial or cremation. It calls this person the legally authorized person, and funeral homes follow the list closely, especially for cremation, which cannot be undone.

The priority order

Under Fla. Stat. 497.005, the legally authorized person is, in this order:

1. The person who died, if they left written directions and authorization before death
2. For someone who died in military service, the person they named on their Department of Defense Record of Emergency Data (DD Form 93)
3. The surviving spouse
4. A son or daughter 18 or older
5. A parent
6. A brother or sister 18 or older
7. A grandchild 18 or older
8. A grandparent
9. Any person in the next degree of kinship

If no family member exists or is available, the statute allows the guardian of the person at the time of death, or a friend or other person, including a member of a community organization, to act. Anyone arrested for an act of domestic violence against the deceased, or for an act that caused or contributed to the death, has no legal say.

When several people share authority

If there is no spouse and three adult children, all three are at the same level. For cremation, Florida law lets the funeral home rely on the authorization of any one of them, as long as that person states they are not aware of any objection from others in the same class or from anyone in a higher class. If there is an objection, the funeral home will not rely on one signature. Some funeral homes ask all members of the class to sign as a matter of policy. Talk as a family early and tell the funeral director about any disagreement.

What about the executor or a power of attorney?

• An executor (personal representative) named in a will is not on the priority list for funeral decisions, though they manage the estate that may pay for the funeral.
• A durable power of attorney generally ends at death.
• The best way to make sure your own wishes are followed is to put them in writing, sign a cremation authorization if you want cremation, and file them with your chosen funeral home. Preplanning.

If the family cannot agree

Disputes over disposition, or over dividing cremated remains, may need to be resolved by a court (Fla. Stat. 497.607). A funeral home will usually wait rather than proceed with a disputed cremation. A Florida attorney can advise on your options.