What You Should Know About Final Arrangements and Organ Donation
1. Who has authority to make the final arrangements for a deceased person?
Arizona law establishes a specific order of priority for who may authorize the final arrangements as follows: (1) surviving spouse, (2) person named as agent in a health care power of attorney, (3) adult children, (4) parent, (5) adult sibling; and the list continues.
As a practical matter, there are a few exceptions. For example, a mortuary will generally seek unanimous consent from all of the family members or at least those who can be located and choose to be involved with the arrangements. Also, the deceased person may have made prearrangements with a mortuary in such a way that prevents anyone from interfering with them.
Note that it is impossible to “disinherit” a spouse from making decisions about final arrangements. However, a surviving spouse will be disqualified if the couple was legally separated or a petition for divorce is pending at the time of death.
2. What if the adult children cannot agree regarding final arrangements?
If the decision regarding final arrangements falls to the deceased person’s adult children, and they cannot agree, then the mortuary may proceed upon consent by a majority of the children who are reasonably available.
From an estate planning perspective, the better approach is to designate one person as agent for final arrangements in a health care power of attorney. For this reason, most health care powers of attorney drafted by estate attorneys in Arizona now specifically refer to the relevant statute (ARS 36-831) in the document. 
3. Is cremation an option?
Provided the deceased person did not indicate a preference for burial, the survivors may arrange for cremation. Research shows that Arizona has one of the highest rates of cremation in the United States. Approximately 60% of all deceased bodies in Arizona are cremated, and it is estimated that the number approaches 75% in the metro areas of Phoenix and Tucson.
The cost of a cremation is less than a typical burial. In Arizona, the typical cost is $1,000 to $1,500 for a direct cremation and a simple urn. However, the costs of a funeral and transportation of the body are additional.
4. Do military veterans receive final arrangements at no cost?
No, this is a common misunderstanding. The Department of Veterans Affairs does not make funeral arrangements or perform cremations. The family is responsible for making these arrangements with a funeral or cremation provider.
The VA and the Arizona Department of Veterans Services both provide space for casketed and cremated remains at designated cemeteries near Phoenix and Sierra Vista, respectively. These spaces are available free of charge to honorably discharged veterans (and other qualifying family members), but the family is still responsible for the funeral, cremation, and transportation of the body.
5. Who decides whether to donate a deceased person’s organs or tissue?
If family members of a deceased or dying person are contacted about the possibility of donating organs or tissue, it must be determined whether he or she expressed an opinion on the matter – either orally in conversation or by registering a preference with the Arizona Donor Registry online at www.azdonorregistry.org. In many cases, a health care power of attorney may also address the subject. Arizona law prohibits anyone from authorizing a donation if the deceased person indicated any opposition to it.
If no evidence is found of the deceased person’s intent, then Arizona law establishes an order of priority for who may authorize a donation as follows: (1) person named as agent in a health care power of attorney, (2) spouse, (3) majority of adult children, (4) parents, (5) domestic partner, (6) adult siblings; and the list continues.
If there is more than one member of a class who is entitled to make the decision, then the decision may be made by any member of the class unless that person knows of an objection from another member of the class. If there is an objection, a majority of persons from that class who are reasonably available may make the decision.
6. How old is too old to donate organs?
According to the Donor Network of Arizona, a critical need for organs currently exists in the United States. Today, anyone can be considered for organ and/or issue donation, regardless of age or illness. Only medical professionals of the Donor Network can determine whether the condition of organs and tissue is sufficient to permit donation.
About the Author
Thomas J. Bouman provides legal counsel in the areas of estate planning, estate settlement, and asset protection. He brings a highly systematic approach to the practice of law, which is critically important when wading through the complex, and often bizarre, legal requirements associated with estate and trust law. Mr. Bouman is author of the Arizona Estate Administration Answer Book and a prominent member of Wealth Counsel, LLC, the nation’s premiere organization of estate planning attorneys.
Thomas J. Bouman, Attorney
Bouman Law Firm
7650 E. Broadway Blvd. #108
Tucson, AZ 85710
(520) 546-3558
