Who Can Authorize Cremation of Deceased in Louisiana?

There are many specific laws and regulations on the books in Louisiana regarding cremation. In this post we take a closer look at who has the authority to authorize the cremation of a deceased person in Louisiana.

During many of my visits with individuals, couples, and families, people often reveal that they have either taken care of their final arrangements, or that they want to take care of these final arrangements. There may be nothing worse than survivors arguing about what arrangements should be made and who should make them.

Louisiana law states who has the authority to authorize cremation. The person who makes these decisions is called the "authorizing agent." There is a pecking order in our Louisiana cremation law which states who has priority. In general, the pecking order is as follows:

(1) You. You can give specific directions in your notarial testament or a written and notarized declaration providing for disposition of your remains by cremation.
(2) Who You Designation. You can designate, in your notarial testament or a written and notarized declaration, a person to control your disposition.
(3) Surviving Spouse. If no pending petition for divorce.
(4) Children. A majority of the surviving adult children.
(5) Grandchildren. A majority of the surviving adult grandchildren.
(6) Parents. Your surviving parents.
(7) Siblings. A majority of the surviving adult siblings.
(8) Next of Kin. As defined by statute.

It can be helpful if you plan in advance for these things.

This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

Paul Rabalais
Louisiana Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: (225) 329-2450