Can Siblings Authorize Cremation as Next of Kin?

A cremation authorization form is one of the most important forms needed for a cremation to take place. It is one of the many legal affairs that need to be dealt with soon after death. If the deceased did not sign the form prior to their passing, authorization falls to the next of kin, who has the legal ability to authorize cremation, obtain a death certificate, and make other legal and medical decisions.

Who is considered next of kin?

• A living spouse
• If there is no living spouse, then all adult children
• If there are no adult children, then all parents
• If there are no parents, then all siblings
• If there are no siblings, then all nieces and nephews

Must All Siblings Be Involved?

The simple answer is yes. The law states that all siblings of the deceased are considered equal and are required to reach the same decision regarding the deceased and the handling of the body. Once a final decision has been made, all siblings will sign a cremation authorization form, and the process will begin.

Why Do All Siblings Have to Authorize Cremation?

One sibling might object to the chosen cremation process, and the other sibling(s) can get into legal trouble if they are not involved in the arrangements. Requiring all siblings to sign the authorization form protects everyone, including the funeral home, from liability.

If the family does not come to a unanimous agreement, they will be asked to approach their local judge to rectify the situation. The loved one's body is then left in the care of the crematorium until the matter is resolved.

In Summary

Dealing with death is not easy for any family and is best dealt with calmly with the deceased's wishes in mind. It is a time for families to bind tightly together and make a decision that sits comfortably with everyone.