Custody and disposition of human remains: rights, priorities, and authorizations
Right to control disposition
Iowa law establishes who may control final disposition and authorize cremation or burial. The priority list generally begins with a surviving spouse, then adult children, parents, siblings, a guardian, and a personal representative, with next-of-kin and other statutory categories following. A person may make a written designation of an agent or specify disposition preferences. The funeral director should obtain signed authorization from the person with legal priority and document the basis.
Disputes and authorizations
When priorities conflict, the director should not choose the “most involved” family member. Follow the statute, request written statements, and consider court orders or a valid written designation. Good-faith reliance on proper authorization generally protects the director, but knowingly proceeding after notice of a superior right creates risk. Cremation requires specific written authorization.
Worked example
An estranged spouse and two adult children disagree: the spouse wants burial, the children want cremation. Under the statutory priority, the spouse generally controls unless a valid written designation or court order says otherwise. The director should document the spouse’s authorization and disclose the children’s objection, rather than letting the majority of relatives decide.
Traps
Priority is not a vote. An unmarried partner usually has no statutory priority without a written designation. A guardian’s authority may be limited. Do not accept a personal representative’s authorization if a higher-priority person is available and objecting.