Who Decides About Your Body
A.R.S. 36-831 — the duty of funeral and disposition arrangements, in a fixed order
Arizona puts the duty of burying the body or making other funeral and disposition arrangements on these persons in this order.
- The surviving spouse, unless legally separated or a divorce or separation petition was pending at death.
- The agent under a health care or durable power of attorney that specifically gives authority over disposition.
- For a minor, the parents, subject to any legal decision-making award or parenting plan.
- The adult children, then a parent, then an adult sibling, then an adult grandchild, then a grandparent.
- An adult who exhibited special care and concern for the decedent, then the guardian of the person at death.
Anatomical gifts, the medical examiner's authority, the funeral home's own forms, and who pays for disposition when no one with the right will act are outside this page. A dispute between family members of equal rank is a question for a licensed Arizona attorney, and in some states for a court.
Sources for this section (1)
- A.R.S. 36-831 — Duty for funeral and disposition arrangements
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.