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Who Decides About Your Body

Wis. Stat. 154.30 — an authorization for final disposition, and the order behind it

In Wisconsin, any of the following who is at least 18 years old and not adjudicated incompetent may control final disposition, including its location, manner and conditions, in this order.

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  • A representative acting under the decedent's authorization for final disposition, or a successor representative.
  • The surviving spouse.
  • The surviving child, or a majority of the surviving children.
  • The surviving parent or parents.
  • The surviving sibling, or a majority of the siblings.

Fewer than a majority. Where there are several children or siblings, fewer than a majority may control the disposition if they used reasonable efforts to notify all the others and are not aware of opposition by the majority.

What final disposition covers. Arrangements for a viewing; a funeral, memorial or graveside service or other last rite; and burial, cremation and burial, other disposition, or donation of the body.

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 Wisconsin attorney, and in some states for a court.

Sources for this section (1)
  1. Wis. Stat. 154.30 — Control of final disposition of certain human remains

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.

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