What happens when one dies without a Health Care Directive and has specific wishes regarding the disposition of his or her body? What happens when a dispute occurs amongst remaining loved ones who have differing opinions about the disposition of the deceased’s body?
These are important questions to examine when considering whether or not to have a Health Care Directive in place. In Minnesota, each person has the right to state his or her wishes or appoint an agent in writing so that others will know what course of action to take in the event of incapacitation. The Health Care Directive is a written document that allows this appointment if you are no longer able to decide for yourself. However, what many people do not know is that without a Health Care Directive in place, there is a statute that governs the process of determining the disposition of the deceased’s body instead.
Minnesota Statute 149A.80, Right to Control and Duty of Disposition, governs this process. Subdivision One of the statute highlights the process of a Health Care Directive guiding the final conveyance of the deceased’s body. These arrangements can be made ahead of time so that family members know what the deceased wished and expected. These details can include cremation or burial, the transportation of the body to the place of final disposition, and any necessary instructions to make the process as seamless for the family members as possible.
Without an advanced Health Care Directive, Subdivision Two of the statute can apply. The statute gives the order of priority, such as the following:
- the person or persons appointed in a dated written instrument signed by the decedent, such as a Health Care Directive;
- the spouse of the decedent;
- the adult child or the majority of the adult children of the decedent;
- the surviving parent or parents of the decedent, each having equal authority;
- the adult sibling or the majority of the adult siblings of the decedent;
- the adult grandchild or the majority of the adult grandchildren of the decedent;
- the grandparent or the grandparents of the decedent, each having equal authority;
- the adult nieces and nephews of the decedent, or a majority of them;
- the person or persons who were acting as the guardians of the person of the decedent with authority to make health care decisions for the decedent at the time of death;
- an adult who exhibited special care and concern for the decedent;
- the person or persons respectively in the next degree of kinship in the order named by law to inherit the estate of the decedent; and
- the appropriate public or court authority, as required by law.
Further, if a dispute arises even within the confines of Subdivision Two, Subdivision Five governs the dispute process and states that if the right to control devolves to more than one person with the same degree of relationship to the decedent and those persons cannot, by majority vote, make a decision, then a district court shall consider various factors in making a determination.
As one can see, this process is much more easily defined when a Health Care Directive has been put in place, leaving any remaining questions and disputes out of the question. The death of a loved one is difficult enough without having a dispute arise from the decision of how to dispose the body. Though this is a difficult topic for many people to consider while they are leading happy and healthy lives, the discussion is worth any potential conflicts that could surface after a loved one’s death.
Photo: Fred Dunn
