Q’s & A’s

Q: Who can authorize the cremation?
A: The order of the priority set forth in Subdivision 2 of Section 4201 of the NYS Public Health Law is the Following:

  • Person designated in written instrument;
  • Spouse;
  • Domestic Partner;
  • Any Child 18 or Older;
  • Either Parent
  • Any Brother or Sister 18 or Older
  • Authorized Guardian;
  • Person 18 or Older now Eligible to Receive an Estate Distribution, in the following order:
    • Grandchildren;
    • Great-Grandchildren
    • Nieces and Nephews
    • Grand-nieces and Grand-nephews;
    • Grandparents;
    • Aunts and Uncles;
    • First Cousins
    • Great-Grandchildren of Grandparents;
    • Second Cousins;
  • Fiduciary
  • Close friend or other relative who is reasonably familiar with the decedent’s wishes, including his or her religious or moral beliefs, when no one higher on the list is available, Willing or competent to act; (Note: This person must complete an “At-Need written Statement of Person Having the Right to Control disposition” form)
  • Public administrator (or the same official in a county not having a public administrator);or anyone willing to act on behalf of the decedent who completes the “At-Need Written” Statement form.