05/05/2026
When it comes to family dynamics, we've heard it all and seen it all. And sometimes things can get tricky. According to Ohio law, funeral directors must follow the priority list when determining who has the right of disposition - the person LEGALLY allowed to make the arrangements. That list goes like this:
-A representative appointed by the decedent (a Appointment of Representative form MUST be on file with the funeral home for these wishes to be honored. It cannot be a verbal agreement.)
-Surviving spouse (Ohio is not a common law marriage state, and unfortunately the law doesn't care if John and Jane have been together for 50 years if they aren't married)
-Majority of the adult children who can be located and willing to make arrangements
-Adult parents (or one that can be located and willing to make arrangements)
-Majority of adult siblings
-Majority of surviving grandparents
-Majority of adult surviving grandchildren
-Lineal descendants of decedent's grandparents
-Decedent's guardian at the time of death
-Any person, including the funeral director, willing to carry out the disposition after attesting in writing that a good faith effort has been made to locate anyone in the above classes
The most important thing is to be honest with your funeral director! The right of disposition is an honor and a privilege, and often times comes with financial responsibility, but it is also our responsibility to make sure the correct person is in that position. We sometimes have to ask uncomfortable questions and have delicate conversations at an already unbearable time. I promise we are not doing that to make our families uncomfortable or to be privy to private information. There are steps we must take to ensure we are upholding the law, and there are many ways we can work with families to do that while also allowing members of the family that wish to handle arrangements to do so. The EASIEST way to make sure someone you know, love, and trust will ultimately be in charge of your arrangements is to prearrange your services and have an Appointment of Representative form in your paperwork. However, if a death occurs and those forms weren't completed ahead of time, funeral homes are able to have individuals that may LEGALLY have the right to make arrangements relinquish those rights if they do not wish to fulfill that obligation. Our goal is to work with all families to make sure everyone is on the same page and has the opportunity to take part in the decedent's arrangements if they wish to do so. We're here to serve while helping to bring peace and comfort to families of all different backgrounds and dynamics while also adhering to the law.
