Who Decides About Your Body
G.S. 130A-420 — your own written authorization first, then spouse, children, parents
An individual at least 18 years of age may authorize the type, place and method of disposition of their own body, in this order of methods.
- A preneed funeral contract or a cremation authorization form.
- A health care power of attorney, to the extent it provides.
- A written will.
- A written statement other than a will, signed by the individual and witnessed by two persons who are at least 18 years old.
Without a written authorization. The surviving spouse decides, then a majority of the surviving adult children who can be located, then the surviving parents, then a majority of the adult siblings, then a majority of the next degrees of kinship, and then a person who exhibited special care and concern for the decedent and is willing and able to decide.
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 North Carolina attorney, and in some states for a court.
Sources for this section (1)
- G.S. 130A-420 — Authority to dispose of body or body parts
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.