What This Statute Says
This is the central statute on who decides what happens to an Arizona decedent's body. The duty falls in a specific order.
A. Except as provided pursuant to subsection I or J of this section, the duty of burying the body of or providing other funeral and disposition arrangements for a dead person devolves in the following order:
1. If the dead person was married, on the surviving spouse unless the dead person was legally separated or a petition for divorce was pending at death.
2. On the person designated as having power of attorney for the decedent in the decedent's most recent health care power of attorney ... if that power of attorney specifically gives that person the authority to make decisions regarding the disposition of the decedent's remains or a durable power of attorney if that power of attorney specifically gives that person the authority to make decisions regarding the disposition of the decedent's remains.
3. If the dead person was a minor, on the parents.
4. On the adult children of the dead person.
5. On the dead person's parent.
6. On the dead person's adult sibling.
7. On the dead person's adult grandchild.
8. On the dead person's grandparent.
9. On an adult who exhibited special care and concern for the dead person.
10. On the person who was acting as the guardian of the person of the dead person at the time of death.
11. On any other person who has the authority to dispose of the dead person's body.
Subsection 12 names public, fraternal, charitable, or religious organizations as a final option. The statute also includes provisions on veterans (subsection D and following) and immunity for funeral establishments.
When This Statute Comes Into Play
The hierarchy controls every disposition decision in Arizona where the decedent did not leave a clearly authorized agent. Three scenarios surface most often:
- A married decedent: the surviving spouse decides, unless they were legally separated or divorce was pending.
- An unmarried decedent who signed a healthcare or durable power of attorney explicitly granting disposition authority: the named agent decides.
- A decedent without spouse or POA: adult children, parents, and so on in order.
The named agent in paragraph 2 leapfrogs adult children, parents, and siblings if the power of attorney specifically gives them disposition authority. That makes the explicit grant in your power of attorney one of the most important sentences in your estate plan.
What This Means for Arizona Families
This statute is the reason every Arizona estate plan should include a power of attorney that specifically names the person you want to make disposition decisions. The default hierarchy works fine for most families, but it leaves out blended-family situations, unmarried partners, and adult friends who may know your wishes better than blood relatives.
If you want a non-relative or a particular adult child rather than the eldest to make these decisions, the statute gives you the tool. Sign a healthcare power of attorney (or a durable power of attorney) with an express grant of disposition authority. The named person then jumps to second place in the hierarchy, behind only a surviving spouse who is not separated or divorcing. Our FAQ on putting funeral wishes in a will or separate document covers the document landscape. A separate healthcare directive with disposition language plus the express POA authority is the strongest combination for keeping your chosen decision-maker in place.