Power of Attorney ends immediately at death, and the executor of a will does not automatically control funeral arrangements. Post-death decisions follow a separate legal hierarchy that starts with anyone the deceased designated in advance, then moves to next of kin.
Power of Attorney terminates immediately when a person dies.
The former agent has zero legal authority after death.
Continuing to act under POA after death can be illegal and create liability.
An executor manages the estate, not funeral arrangements.
The executor only controls the funeral if the will explicitly gives them that authority.
Without that language, funeral decisions follow a different legal order.
Priority order for funeral and disposition decisions:
Person designated by the deceased
Named in a will, affidavit, or specific funeral-agent document.
Allowed in 36+ states.
Takes priority over both executor and next of kin.
Next of kin (if no designation exists)
Surviving spouse.
Adult children (usually majority vote).
Parents.
Adult siblings (usually majority vote).
Other relatives, in descending order.
Most states: Majority of equal-level relatives must agree.
Texas & Wyoming: One person at that level may authorize.
Ohio: Unanimous agreement required.
Some states: A short objection window applies before rights are waived.
The estate typically pays funeral costs before other debts.
The person who signs the funeral home contract is legally responsible for payment.
Family members are not required to pay unless they agree in writing.
If no one pays, counties arrange a basic indigent burial or cremation.
Paying does not automatically grant decision-making authority.
Families often argue because they confuse POA, executor authority, and next-of-kin rights.
Former POA holders acting after death can expose themselves to legal trouble.
Executors may wrongly override spouses or children without legal standing.
Clear designation prevents disputes at the most stressful moment.
To avoid conflict:
Designate a funeral agent in writing if your state allows it.
This person takes priority over the executor and next of kin.
If no one was designated:
Spouse decides first.
If no spouse, adult children decide by majority vote (in most states).
Then parents, siblings, and other relatives follow.
Remember:
Power of Attorney ends at death.
Executor ≠ funeral authority unless named.
Paying for the funeral does not grant control.
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