Kansas Funeral Director Practice Exam

What is the first priority in the order of persons authorized to dispose of decedent's remains?

1. Surviving adult children

2. Spouse of deceased

3. Agent for health care decisions (DPOA)

4. Personal representative

The correct answer is: Agent for health care decisions (DPOA)

The first priority in the order of persons authorized to dispose of a decedent's remains is typically the agent designated for health care decisions, often referred to as the Durable Power of Attorney for Health Care (DPOA). This individual is legally appointed to make healthcare decisions on behalf of the decedent when they are unable to do so themselves. In many jurisdictions, including Kansas, this authority extends to decisions regarding the disposition of remains, reflecting the belief that this agent should honor the decedent's wishes and intentions as expressed before death. The reason this choice is seen as the primary authority is tied to both legal and ethical considerations. The DPOA is someone who is trusted by the decedent and has been chosen specifically for their understanding of the decedent's values and preferences. This prioritization ensures that the decisions made concerning the remains align closely with the decedent's wishes. Other options, such as surviving adult children, the spouse of the deceased, and the personal representative, while also important, typically follow in the hierarchy of authority. In situations where there may not be a designated agent for health care decisions, those options might come into play, but the DPOA remains the first line of authority for such matters.