Who Decides About Your Body

Florida's funeral and cemetery chapter defines the legally authorized person, in this priority.

• §Fla. Stat. 497.005

• The decedent, where written authorizations and directions were provided while alive.
• The person designated on the military emergency data form, for a decedent who died in military service.
• The surviving spouse.
• A son or daughter 18 years of age or older, then a parent, then a brother or sister 18 years of age or older.
• A grandchild 18 years of age or older, then a grandparent, then any person in the next degree of kinship.

• §Fla. Stat. 497.005

When no family is available. The term may then include the guardian, the personal representative, the attorney in fact, the health surrogate, public officials, a care institution's representative, or a friend willing to assume the responsibility.

• §Fla. Stat. 497.005

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 Florida attorney, and in some states for a court.

• §Fla. Stat. 497.005