When a death occurs, there are many questions to be answered in a short amount of time. As funeral directors, we are obligated to deal with the legal next of kin to complete the necessary authorizations to carry out final arrangements. There are times when the next of kin is easy to establish. For Example, if there is a living spouse, it’s usually a given. If there is no spouse, but only one adult child, it’s usually a given. But how is the next of kin determined when the answers aren’t that cut-and-dry?
The State of Kansas has a law in place (KSA 65-1734) that makes it very easy to make this determination. The law puts different circumstances in order showing who has the authority to act as next of kin in order of priority.
- The agent for health care decisions established by a durable power of attorney IF such power conveys this agent’s authority to make decisions concerning the disposition.
- If you have a DPOA for healthcare in place, look it over to see if there is a bullet-point on that document stating something like “the agent has the right to control my final disposition”.
- The spouse of the deceased
- Even if there has been a long-term separation, unless there has been a legal divorce, often times an estranged spouse actually has the right to control the arrangements.
- Surviving adult children
- If there is more than one, all children must serve as equal next of kin.
- If only one child should be designated, you might consider making them your DPOA for healthcare.
- Surviving Parents
- The person in the next degree of kinship under laws to inherit the estate (i.e., nieces and nephews, aunts and uncles, cousins, etc.)
- If there are equal degrees of kinship, everyone with the same title would serve as equal next of kin.
- A legal guardian of the person at the time of death
- The personal representative of the decedent
- In case of indigents, the public official charged with arranging the final disposition.
As you read through this list, think about who among your family unit would meet the highest designation on this list to handle your final arrangements. Do you need to carry out some additional paperwork with an attorney to get something in writing? Do you need to begin a file or update your file at the funeral home? Do you need to let someone know that they are in charge of your arrangements under this law?
If you have any questions about the information shown here, please call one of our funeral homes. We are not Attorneys and we do not claim to be, but we might be able to answer questions you may have based on our previous experiences.
Going through a death in the family is never an easy time, but with a little preparation ahead of time, you can make it easier on yourself and your family to ensure that your wishes are followed through.