Disposition of Human Remains and Custody
Who controls disposition
Alabama law establishes a priority list for the right to control disposition. Candidates must know the order (typically spouse, then adult children, parents, siblings, and so on, with variations for guardians and designated agents) and how disputes are resolved. Custody of remains passes to the person with the right of disposition, who authorizes final disposition (burial, cremation, entombment).
Concepts to master
- The statutory priority order and how a person may designate an agent in advance.
- Authority to authorize cremation and the additional documentation often required.
- Release of remains to the authorized person and liability protection for a funeral home that relies in good faith on a valid authorization.
- Handling of unclaimed remains and indigent disposition.
- Disinterment/removal permits and transportation requirements.
Traps
A frequent trap is letting a majority of family members override the statutory priority - the priority order, not headcount, controls. Another is assuming a will controls disposition; a will may express wishes but the statutory priority generally governs authority. Watch for cremation questions that omit required authorization from the person with the right of disposition.
Rule of thumb
Ask: who is first in the statutory priority, and did they authorize in writing? A funeral home acting in good faith on that authorization is generally protected.