Hierarchy of Authority for Disposition Decisions

Utah Code Section 58-9-602 establishes a specific order of priority for individuals authorized to control the disposition of a decedent’s remains. The hierarchy is as follows:

1. Designated Agent: An individual explicitly named in a written instrument, such as a notarized document or a will executed with the formalities required under Section 75-2-502. This designation excludes powers of attorney that terminate upon death.
2. Surviving Spouse: The legally recognized spouse of the decedent, unless the decedent nominated a personal representative after the marriage, in which case the personal representative takes precedence.
3. Personal Representative: The individual nominated in the decedent’s valid will to serve as the personal representative of the estate.
4. Adult Children: If only one surviving child is present, that individual has the right. If multiple children survive, the majority decision prevails. If fewer than half of the surviving children have made reasonable efforts to notify all other surviving children and are not aware of any opposition, they may proceed with disposition decisions.
5. Surviving Parents: If both parents are alive, they share this right. If one parent is absent after reasonable efforts to locate them, the present parent assumes the right. In cases where the parents are divorced or separated, and the decedent was an incapacitated adult, the parent designated as the guardian holds this right.
6. Siblings: The surviving sibling, or majority of siblings, hold the right. Similar to the provision for children, if fewer than half of the surviving siblings have made reasonable efforts to notify all other surviving siblings and are unaware of any opposition, they may proceed.
7. Next Degree of Kinship: Individuals in the next degree of kinship under the laws of descent and distribution. If multiple individuals exist at this level, any one of them may exercise the right.
8. Guardian: The person who was the decedent’s guardian at the time of death.
9. Public Official: A public official charged with arranging the disposition of deceased persons.
10. Other Willing Person: In the absence of any of the above, any other person willing to assume the responsibility, including the personal representative of the decedent’s estate or the funeral service director with custody of the body, after attesting in writing that a good faith effort has been made to contact the individuals listed above.

Proactive Steps for Ensuring Your Wishes

To ensure that your preferences for final arrangements are honored:

• Advance Directives: Consider executing a written instrument, acknowledged before a notary public or executed with the same formalities required of a will, to designate a specific individual to control your disposition. This proactive step can prevent potential disputes and provide clear guidance to your loved ones.
• Communication: To promote transparency and understanding, discuss your wishes with the person you designate and inform other family members of your decisions.
• Documentation: Ensure that all relevant documents are accessible and that your designated agent is aware of their location.

By understanding the legal framework and taking these proactive steps, you can provide peace of mind to yourself and your loved ones and ensure that your final wishes are respected in accordance with Utah law.

For more detailed information, you can refer to the full text of Utah Code Section 58-9-602 here.