Disposition, Transportation, and Custody of Human Remains
Domain 6 tests who controls the body, what paperwork moves it, and when a permit is required.
Right of disposition
- Kentucky's statutory priority generally runs to the surviving spouse, then adult children, parents, siblings, and more remote relatives, guardian, or personal representative; a written designation can change control.
- The authorized person must act reasonably and in good faith; disputes may need court intervention.
- Custody means the right to direct disposition, not ownership of the remains.
Transportation and permits
- A burial-transit permit is required before removal or final disposition, and the death certificate is filed with vital statistics.
- Embalming or refrigeration is required for common-carrier transport or public-health risk.
- Disinterment requires a permit and proper authorization.
Worked example
Two adult children disagree, but the surviving spouse is alive and competent. The spouse's authorization controls, not the children's majority vote.
Traps
- Letting a fiancé or friend authorize without legal priority.
- Moving remains across state lines without a transit permit.
- Treating custody as a property right.
- Failing to document a written designation.