Who Has the Right to Control Disposition of Remains in Florida?

Section 497.005(43)(a) sets this priority order.

1. The decedent, through written inter vivos authorizations and directions.

2. The person the decedent designated on DD Form 93, the Department of Defense Record of Emergency Data, or its successor form, for a death in military service.

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.

Without an available family member, section 497.005(43)(b) adds the decedent's guardian, personal representative, attorney in fact or health surrogate at the time of death, a public health officer, the medical examiner, county commission or administrator acting under part II of chapter 406, or another public administrator, a representative of a nursing home or other health care institution in charge of final disposition, or a friend or other person, including a member of a community organization, willing to assume responsibility.

For a cremation, when several people share a priority class, the funeral establishment relies on any one of them who represents that they know of no objection by others in that class or by anyone in a higher class. A person arrested for domestic violence against the decedent, or for an act that caused or contributed to the death, has no legally recognized interest.

Related planning documents are described in health care directives. More is on the estate planning practice page.