2019 Kentucky Revised Statutes Chapter 367 - Consumer protection 367.93117 Persons with authority to make funeral, burial, or other ceremonial arrangements after an individual's death -- Authority for funeral home or District Court to act.
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367.93117 Persons with authority to make funeral, burial, or other ceremonial
arrangements after an individual's death -- Authority for funeral home or
District Court to act.
The right to control the disposition of a decedent's body, make arrangements for
funeral services, make arrangements for burial, and to make other ceremonial
arrangements after an individual's death devolves on the following in the priority
listed:
(1) A person:
(a) Named as the designee or alternate designee in a declaration executed
by the decedent under KRS 367.93101 to 367.93121; or
(b) Named in a United States Department of Defense form "Record of
Emergency Data" (DD Form 93) or a successor form adopted by the
United States Department of Defense if the decedent died while serving in
any branch of the United States Armed Forces, pursuant to KRS 36.440;
(2) The decedent's surviving spouse;
(3) A surviving adult child of the decedent or, if more than one (1) adult child is
surviving, the majority of the adult children. Less than half of the surviving adult
children have the right to control disposition under this section if the child or
children have used reasonable efforts to notify the other surviving adult
children of their intentions and are not aware of any opposition to the final
disposition instructions by more than half of the surviving adult children and this
has been attested to in writing;
(4) The surviving parent or parents of the decedent. If one (1) of the parents is
absent, the parent who is present has the right to control disposition under this
section if the parent who is present has used reasonable efforts to notify the
absent parent and attests to that in writing;
(5) The surviving adult grandchild of the decedent or, if more than one (1) adult
grandchild is surviving, the majority of the adult grandchildren. Less than half of
the surviving adult grandchildren have the right to control disposition under this
section if the grandchild or grandchildren have used reasonable efforts to notify
the other surviving adult grandchildren of their intentions and are not aware of
any opposition to the final disposition instructions by more than half of the
surviving adult grandchildren and this has been attested to in writing;
(6) The decedent's surviving adult sibling or, if more than one (1) adult sibling is
surviving, the majority of the adult siblings. Less than half of the surviving adult
siblings have the right to control disposition under this section if the sibling or
siblings have used reasonable efforts to notify the other surviving adult siblings
of their intentions and are not aware of any opposition to the final disposition
instructions by more than half of the surviving adult siblings and this has been
attested to in writing;
(7) An individual in the next degree of kinship under KRS 391.010 to inherit the
estate of the decedent or, if more than one (1) individual of the same degree is
surviving, the majority of those who are of the same degree of kinship. Less
than half of the individuals who are of the same degree of kinship have the
right to control disposition under this section if they used reasonable efforts to
notify the other individuals who are of the same degree of kinship of their
(8)
(9)
intentions and are not aware of any opposition to the final disposition
instructions by more than half of the individuals who are of the same degree of
kinship and this has been attested to in writing;
If none of the persons described in subsections (1) to (7) of this section are
available, the following may act and arrange for the final disposition of the
decedent's remains:
(a) Any other person willing to act and arrange for the final disposition of the
decedent's remains who attests in writing that a good-faith effort has been
made to contact any living individuals described in subsections (1) to (7)
of this section; or
(b) A funeral home that has a valid prepaid funeral plan that makes
arrangements for the disposition of the decedent's remains if the funeral
director attests in writing that a good-faith effort has been made to contact
any living individuals described in subsections (1) to (7) of this section; or
The District Court in the county of the decedent's residence or the county in
which the funeral home or the crematory is located.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 144, sec. 3, effective June 29, 2017. -Created 2016 Ky. Acts ch. 59, sec. 9, effective July 15, 2016.
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