367.93117 Persons with authority to make funeral, burial, or other ceremonial
904 words·~4 min read·
/ky/367-93117A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
arrangements after an individual's death -- Authority for funeral home or
District Court to act -- Disqualification of person arrested for or charged with
the death -- Petition to waive disqualification.
(1)Except as provided in subsection
(2)of this section, the right to control the
disposition of a decedent's body, make arrangements for funeral services, make
arrangements for burial or cremation, and to make other ceremonial arrangements
after an individual's death devolves on the following in the priority listed:
(a)A person:
1. Named as the designee or alternate designee in a declaration executed by
the decedent under KRS 367.93101 to 367.93121; or
2. 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;
(b)The decedent's surviving spouse;
(c)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;
(d)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;
(e)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;
(f)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;
(g)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
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;
(h)If none of the persons described in paragraphs
(a)to
(g)of this subsection are
available, the following may act and arrange for the final disposition of the
decedent's remains:
1. 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 paragraphs
to
(g)of this subsection; or
2. 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 paragraphs
(a)to
(g)of this
subsection;
(i)A court-appointed guardian or conservator for the decedent at the time of
death, after all the alternatives in paragraphs
(a)to
(h)of this subsection have
been exhausted. Cremation shall be permitted under this subsection only if:
1. The decedent has not expressed an objection to cremation to the
guardian or conservator prior to death; and
2. a. The decedent arranged a preneed policy in effect that is limited to
the cost of cremation; or
b. The decedent lacked sufficient funds at the time of death to pay for
a full burial; or
(j)The District Court in the county of the decedent's residence or the county in
which the funeral home or the crematory is located.
(2)No person shall have the right to control the disposition of the remains of the
decedent if the person has been arrested for, or charged with, committing an offense
intentionally, knowingly, or wantonly, which resulted in the death of the decedent.
(3)A person disqualified pursuant to subsection
(2)of this section may petition the
court, in the interest of justice, to waive the disqualification.