KRS § 367.93117 — KY Code / Title XXIX / Chapter 367 / Section 367.93117
367.93117 Persons with authority to make funeral, burial, or other ceremonial arrangements after an individual's death -- Authority for funeral home or District Court to act -- Disqualification of person arrested for or charged with the death -- Petition to waive disqualification
Status: in_force

367.93117 Persons with authority to make funeral, burial, or other ceremonial

arrangements after an individual's death -- Authority for funeral home or

District Court to act -- Disqualification of person arrested for or charged with

the death -- Petition to waive disqualification.

(1) Except as provided in subsection (2) of this section, the right to control the

disposition of a decedent's body, make arrangements for funeral services, make

arrangements for burial or cremation, and to make other ceremonial arrangements

after an individual's death devolves on the following in the priority listed:

(a) A person:

1. Named as the designee or alternate designee in a declaration executed by

the decedent under KRS 367.93101 to 367.93121; or

2. Named in a United States Department of Defense form "Record of

Emergency Data" (DD Form 93) or a successor form adopted by the

United States Department of Defense if the decedent died while serving

in any branch of the United States Armed Forces, pursuant to KRS

36.440;

(b) The decedent's surviving spouse;

(c) A surviving adult child of the decedent or, if more than one (1) adult child is

surviving, the majority of the adult children. Less than half of the surviving

adult children have the right to control disposition under this section if the

child or children have used reasonable efforts to notify the other surviving

adult children of their intentions and are not aware of any opposition to the

final disposition instructions by more than half of the surviving adult children

and this has been attested to in writing;

(d) The surviving parent or parents of the decedent. If one (1) of the parents is

absent, the parent who is present has the right to control disposition under this

section if the parent who is present has used reasonable efforts to notify the

absent parent and attests to that in writing;

(e) The surviving adult grandchild of the decedent or, if more than one (1) adult

grandchild is surviving, the majority of the adult grandchildren. Less than half

of the surviving adult grandchildren have the right to control disposition under

this section if the grandchild or grandchildren have used reasonable efforts to

notify the other surviving adult grandchildren of their intentions and are not

aware of any opposition to the final disposition instructions by more than half

of the surviving adult grandchildren and this has been attested to in writing;

(f) The decedent's surviving adult sibling or, if more than one (1) adult sibling is

surviving, the majority of the adult siblings. Less than half of the surviving

adult siblings have the right to control disposition under this section if the

sibling or siblings have used reasonable efforts to notify the other surviving

adult siblings of their intentions and are not aware of any opposition to the

final disposition instructions by more than half of the surviving adult siblings

and this has been attested to in writing;

(g) An individual in the next degree of kinship under KRS 391.010 to inherit the

estate of the decedent or, if more than one (1) individual of the same degree is

surviving, the majority of those who are of the same degree of kinship. Less

than half of the individuals who are of the same degree of kinship have the

right to control disposition under this section if they used reasonable efforts to

notify the other individuals who are of the same degree of kinship of their

intentions and are not aware of any opposition to the final disposition

instructions by more than half of the individuals who are of the same degree

of kinship and this has been attested to in writing;

(h) If none of the persons described in paragraphs (a) to (g) of this subsection are

available, the following may act and arrange for the final disposition of the

decedent's remains:

1. Any other person willing to act and arrange for the final disposition of

the decedent's remains who attests in writing that a good-faith effort has

been made to contact any living individuals described in paragraphs (a)

to (g) of this subsection; or

2. A funeral home that has a valid prepaid funeral plan that makes

arrangements for the disposition of the decedent's remains if the funeral

director attests in writing that a good-faith effort has been made to

contact any living individuals described in paragraphs (a) to (g) of this

subsection;

(i) A court-appointed guardian or conservator for the decedent at the time of

death, after all the alternatives in paragraphs (a) to (h) of this subsection have

been exhausted. Cremation shall be permitted under this subsection only if:

1. The decedent has not expressed an objection to cremation to the

guardian or conservator prior to death; and

2. a. The decedent arranged a preneed policy in effect that is limited to

the cost of cremation; or

b. The decedent lacked sufficient funds at the time of death to pay for

a full burial; or

(j) The District Court in the county of the decedent's residence or the county in

which the funeral home or the crematory is located.

(2) No person shall have the right to control the disposition of the remains of the

decedent if the person has been arrested for, or charged with, committing an offense

intentionally, knowingly, or wantonly, which resulted in the death of the decedent.

(3) A person disqualified pursuant to subsection (2) of this section may petition the

court, in the interest of justice, to waive the disqualification.