It’s Your Body
Appeared in May/June 2003 Issue of Alternative Central
What happens to a person’s body upon death is not my favorite subject, but I frequently field all kinds of questions around the issue. I also have heard contradictory information about two has the legal right to your body once you die. There is good news and bad news.
The bad news is that if you die without a spouse, absent an allegation of enduring estrangement, incompetence, contrary intent, or a waiver and an agreement, your next of kin has the sole authority in all matters pertaining to the disposition of you remains. First, let me explain what these legal terms mean.
The legal definition means that your next of kin includes your spouse or any blood relatives that have an interest in your estate. An allegation of “enduring estrangement” is a physical and emotional estrangement from the deceased that existed for a period of time that clearly demonstrates an absence of affection, trust and regard for the deceased. “Incompetence” is the lack of legal qualification or fitness to discharge a required duty. “Contrary intent” means that there is an explicit and sincere expression, verbal or written, that someone other that the person or persons authorized by the statute is the person you chose to dispose of your remains. A “waiver” or an “agreement” means that the person with the right to your remains has issued a written waiver of their rights and an agreement allowing someone else to make the arrangements.
In the end, please know that all allegations must be proven by clear and convincing evidence, which is somewhere between the preponderance of the evidence standard found in most civil suits, and beyond a reasonable doubt standard in a criminal matter. in plain language this means you must take careful steps to construct clear documents and adequately reflect your intentions.