"Controlling the disposition of the body" refers to the legal process by which a funeral home, mortuary or crematory is selected (and paid), and arrangements are made to bury, cremate or otherwise manage what happens to the body of the person who has died.
The authority to control the disposition of the body of a person who has died is established in Colorado law at CRS §15-19-106. It is important to remember that the persons who may control the disposition of the body are not necessarily the same as the persons who may be beneficiaries of the decedent’s estate.
The law recognizes the authority to control disposition in the following order:
- any valid writings of the decedent stating what the disposition is to be, including a will, a Five Wishes document or another document that the law recognizes as adequate to control disposition;
- a person appointed by the court as the personal representative or executor for the decedent’s estate;
- a person nominated by the decedent in a will or other valid document to serve as personal representative or executor for the decedent’s estate
- the spouse of the decedent who is not legally separated (by a court order) from the decedent;
- the adult children (18 years of age or older) of the decedent, acting by a majority;
- the parents of the decedent (including adoptive parents), acting by majority;
- the adult siblings (18 years of age or older) of the decedent, acting by majority.
When there are no valid documents and no persons from that list are willing and able to control the disposition of the decedent’s body, any person willing to accept the decision-making responsibility and financial responsibility for the disposition of the decedent may act after certain time limits have been met. Contact the coroner’s office for details.
Grandchildren, aunts, uncles, cousins and other relatives not named in the statute have no authority to control the disposition of the decedent’s body but may serve as persons willing and able to assume the responsibility if no one else steps forward. Best friends, life partners and other persons close to the decedent who do not have legal status in the decedent’s life may also serve as persons willing and able to assume the responsibility for disposition if no one on the list agrees to do so. Contact the coroner’s office for information about time limits and when it is appropriate for a non-relative to become involved.
When no one is willing and able to assume the responsibility for the disposition of the decedent’s body, the case may be referred to the Weld County Public Administrator, a person appointed by the courts to handle such matters for a fee.