Who can authorize the disposition of a deceased person’s remains in Massachusetts?

The deceased's relatives

The next of kin or an individual named in a will

In Massachusetts, the authority to authorize the disposition of a deceased person’s remains primarily rests with the next of kin or an individual named in a will. This is rooted in the fundamental principle that family members or persons designated by the deceased should have the primary say in how remains are handled after death.

The next of kin typically includes close relatives, such as a spouse, adult children, parents, or siblings, and their order of priority is set by Massachusetts law. This legal framework ensures that the wishes of the deceased, as well as the emotional considerations of family members, are respected in the process of disposition.

While other options mention relatives, guardians, and licensed funeral directors, those roles may have specific responsibilities or advisory capacities but do not carry the primary authority granted to the next of kin or a legally designated individual. In cases where there are disputes or complexities, such as when a court-appointed guardian is involved, legal intervention may be necessary, but that does not supersede the established authority of the next of kin or will designations under normal circumstances.

This framework supports the importance of family decision-making in matters of life and death while providing a clear chain of authority in the absence of explicit directives left by the deceased.

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A court-appointed guardian

A licensed funeral director

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