Who can authorize a cremation?

Who Can Authorize Cremation in Pennsylvania?

Updated 3-6-2024 to include the “majority rule” with regards to disputes on disposition.

In Pennsylvania, the authority to authorize a cremation is determined by the decedent’s next of kin. The state’s laws clearly define who holds this responsibility and the procedures in the event of disagreements among family members.

1. Order of Priority for Authorization

According to Title 20, Section 305 of the Pennsylvania Consolidated Statutes, the following individuals have the authority to authorize cremation, in order of priority:

• Surviving spouse (unless there is evidence of estrangement or a waiver)
• Adult children (if there is no surviving spouse)
• Parents (if no spouse or children)
• Siblings (if no spouse, children, or parents)

All individuals within the same class of next of kin (e.g., siblings or children) should agree on the decision. However, if there is a disagreement among next of kin of equal standing, there are solutions in place to handle these disputes.

2. What Happens if Next of Kin Disagree?

Disputes can arise when two or more individuals with equal standing (such as siblings or adult children) disagree on the disposition of the deceased’s remains. Pennsylvania law addresses this scenario:

• If two people with equal standing as next of kin cannot agree, the court will intervene and will give preference to the person who had the closest relationship with the decedent.
• If there are more than two individuals with equal standing who disagree, the MAJORITY DECISION will control. If a majority cannot be reached (i.e., in the case of a tie), the court will make the final decision regarding the disposition.

These provisions ensure that disputes are resolved fairly, with the court stepping in to make a determination when family members cannot agree.

3. Designating an Agent for Cremation

To avoid potential disputes, individuals can execute a Statement of Contrary Intent, which designates someone other than the next of kin to make decisions about their cremation. This legally binding document ensures that the decedent’s wishes are respected, even if those wishes are contrary to what the next of kin may prefer.