Issue 24.16
The word “disposition” has several meanings. According to Wikipedia, disposition is defined as “a habit, a preparation, a state of readiness, or a tendency to act in a specified way.” In the funeral industry, disposition generally refers to what happens to an individual’s body at the time of death. If you were to pass away tomorrow, who would have the legal right or control over your funeral arrangements? The answer may surprise you. 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 by law 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:
- 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.
- The surviving legally recognized spouse.
- The sole surviving child, or the majority of multiple children.
- The surviving parents, each of whom have equal rights.
- The majority of surviving siblings.
- The next degree of kinship in descending order, which includes grandchildren, great-grandchildren, nieces, nephews, etc.
- A public official charged with arranging for disposition.
- Any other person(s) willing to assume responsibility.
- Finally, the funeral director who has custody of the body.
How do you ensure that control of disposition over your body is handled in a manner you desire? The answer is quite simple – authorize your own funeral arrangements 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 simple and only takes about one hour.
Please feel free to stop by our office for a free personal arrangement guide to start your preplanning process. We guarantee personal, honest, and professional service.
Serenity Funeral Home of Southern Utah is located just off Riverside Dr. at 1316 S. 400 E., Ste. A5, St. George, or call us anytime at (435) 986-9100.