Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

When Family Matters Affect Burial Decisions

By Daniel G. Fish
September 28, 2006

Legal disputes over control of the physical remains of a person after death belie the phrase requiescat in pace. The problem can come up when parents of the deceased are divorced, they are the next of kin and they disagree as to what should be done with a child's remains. It can emerge when people remarry and their children's ideas clash with those of their new spouse.

The problem can also surface when same-sex couples in non-legally recognized relationships are left out of the burial decision-making process. In New York, the Hernandez v. Robles decision, which found no constitutional prohibition against New York's denial of the right of same-sex couples to marry, did nothing to remedy this situation. However, a recently enacted statute ' Public Health Law 4201 ' permits the appointment in writing of an agent to make decisions regarding the disposition of remains upon death. For non-married couples who want to designate one another to make burial/cremation decisions and for families in which cooperation at times like these is less than guaranteed, the law is a boon.

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Blockchain Domains: New Developments for Brand Owners Image

Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.