Who Decides About Your Body
MCL 700.3206 — a funeral representative named in writing, then the spouse, then the family
An adult of sound mind in Michigan may designate another adult in writing as a funeral representative, with the right to make decisions about funeral arrangements and the handling, disposition or disinterment of the body, including cremation.
Witnessed or notarized. The designation is in writing, dated and signed, and either signed in the presence of 2 witnesses who also sign, or acknowledged before a notary public. It may be included in a will, which does not have to be admitted to probate for the designation to be valid.
- Someone tied to the funeral establishment, cemetery or crematory serving the declarant may not be the representative unless a spouse or relative.
- Nor may a health professional or facility worker who cared for the declarant in the final illness.
The order. A person designated under military rules for a service member, then the funeral representative, then the surviving spouse, then adult family members in the section's order.
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 Michigan attorney, and in some states for a court.
Sources for this section (1)
- MCL 700.3206 — Right and power to make decisions about funeral arrangements and disposition of decedent's body; funeral representative
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.