Who Decides About Your Body
Pub. Health Law § 4201 — a written designation, then spouse, partner, children and on down a list of ten
New York lists, in descending priority, who has the right to control the disposition of remains.
- The person designated in a written instrument made under the section.
- The surviving spouse, then the surviving domestic partner.
- Any surviving adult child, then either surviving parent, then any surviving adult sibling.
- A guardian appointed for the decedent under the guardianship laws.
- An adult entitled to share in the estate, the closest relationship first, then a fiduciary of the estate.
- A close friend or relative reasonably familiar with the decedent's wishes, including religious or moral beliefs, when no one higher is available, willing or competent, after signing a written statement.
A majority of a class. Where more than two members of a class of children, siblings or heirs are entitled, the disposition is decided by a majority of those reasonably available. If the person with the right is not reasonably available, unwilling or not competent and not expected to become so, the right passes to others of equal priority, then to the next class.
Carrying out the wishes. The person in control carries out the decedent's directions so far as lawful and practicable, considering the estate's means, and disposes of the body in a manner suited to the decedent's beliefs and wishes.
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 New York attorney, and in some states for a court.
Sources for this section (1)
- Pub. Health Law § 4201 — Disposition of remains; responsibility therefor
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.