Who Is Allowed to Make Decisions After a Death.

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.

What People Often Think

  • Power of Attorney continues after death and handles everything.
  • The executor automatically makes all decisions, including funeral arrangements.
  • “Next of kin” means one person who controls everything.
  • Whoever pays for the funeral gets to decide how it’s done.

What’s actually true.

Power of Attorney Ends at Death

  • 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.

The Executor Does Not Automatically Control the Funeral

  • 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.

Funeral Decisions Follow a Separate Hierarchy

Priority order for funeral and disposition decisions:

  1. 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.

  2. 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.

State Rules Can Differ

  • 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.

Payment Is Separate From Authority.

  • 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.

Why it matters.

  • 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.

Practical takeaway.

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.

Related Facts-Fast Pages

Backward | Index | Forward