Who can authorize a cremation?
State Law requires that we use the list below to determine who can sign cremation authorization paperwork:
- If the decedent left a signed WRITTEN DIRECTIVE specifically appointing an agent to handle cremation, the appointed agent would have full authority.
2. If no written instructions exist, the SPOUSE has the full authority.
3. If there is no surviving spouse, ADULT CHILDREN have the authority.
* Please note that all the children have equal authority, so all must be in agreement for cremation.
4. If there no surviving adult children, the decedent’s PARENTS have the authority.
* Both parents have equal authority.
5. If neither parent is living, the decedent’s SIBLINGS have the authority.
* All the siblings have equal authority.
6. If there are no surviving siblings, the EXECUTOR or administrator of the decedent’s estate has the authority.
* Must show legal documentation appointing the executor.
7. If none of the above exist, any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.
***Please note:
Power of Attorney (including Medical Power of Attorney) generally ends at the time the person passes away, so Power of Attorney would not satisfy the list above.
Visit www.prepaidfunerals.texas.gov for information relating to the purchase of pre-need funeral contracts including descriptions of the trust and insurance funding options available under state law.