Who Decides About Your Body
Minn. Stat. 149A.80 — a dated written instrument first, witnessed or notarized wins a dispute
Unless the decedent gave other directions, the right to control the body and the duty of final disposition pass in this order.
- The person or persons appointed in a dated written instrument signed by the decedent, including a health care directive.
- The spouse.
- The adult child, or a majority of the adult children.
- The surviving parent or parents, each with equal authority.
- The adult sibling or a majority of them, then the adult grandchildren, then the grandparents, then the adult nieces and nephews.
Two documents. If more than one written instrument is in dispute, one that is witnessed or notarized prevails over one that is not. A power of attorney that ends at death does not count as the instrument.
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 Minnesota attorney, and in some states for a court.
Sources for this section (1)
- Minn. Stat. 149A.80 — Death; right to control and duty of disposition
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.