Who has the right to control the disposition of remains if no prearrangements are made?

In the absence of any prearrangements made by the decedent, the right to control the disposition of remains typically falls to the designated agent of the decedent. This individual, as specified by state laws, is the one who holds the authority to make decisions about how the remains are handled and where they are ultimately laid to rest.

This legal framework is grounded in the understanding that individuals should have the freedom to appoint someone they trust to carry out their wishes regarding end-of-life arrangements. The designated agent is usually a person who has been expressly granted such authority, often through a legal document like a power of attorney related to health care or specific funeral arrangements.

In cases where there are no designated agents or prearrangements, state laws will further delineate hierarchies of authority among relatives, but the primary emphasis remains on the rights given to an appointed agent when one exists, thus ensuring personal autonomy and intention in final arrangements.