Disposition of Remains Decision Authority in Arizona

At a glance

Requirements one by one

Personal directions and their practical limit

Under § 32-1365.01(A)–(C), a legally competent adult can direct cremation or other lawful disposition in a document signed and dated by that adult, with notarization or a written adult-witness affirmation. The witness must affirm presence, apparent sound mind and freedom from duress. A compliant document lets the provider carry out the directions without anyone else's consent. Subsection (D) does not require the provider to do so unless the adult made the financial arrangements needed to carry out the wishes. When a person with the duty of burial knows the decedent's wishes, § 36-831.01(A) requires compliance if they are reasonable and impose no economic or emotional hardship.

The ordinary decision order

Section 36-831(A) places the surviving spouse first unless legally separated or a divorce/legal-separation petition was pending at death. Next comes the agent in the most recent health-care power of attorney, or a durable power of attorney, only if it specifically grants disposition authority. Parents of a minor come next, with a legal-decision-making award or parenting plan controlling which parent decides. Adult children, a parent, adult siblings, adult grandchildren, grandparents, a caring adult, guardian and others follow. Subsection (J) supplies a separate military designation route.

Agent documents

The health-care power of attorney in § 36-3221(A) must clearly create that authority, be dated and signed or marked, and be notarized or witnessed by a qualifying adult; subsections (C)–(D) exclude the chosen agent, current health-care provider and, for a single witness, certain relatives and heirs. A durable financial power of attorney under § 14-5501(D) uses a separate witness and notarized acknowledgment/affidavit. These execution rules matter only when the document also expressly grants the remains decision named in § 36-831(A)(2).

Equal-rank objection, waiver and inaction

Under § 36-831(D), any member of categories 3 through 9 can make arrangements unless aware of another member's objection; once an objection is known, a majority of reasonably available people in that category must decide. Family members listed in subsection (A) may sign a waiver during the person's lifetime (§ 36-831(B)). For cremation and related authorization, § 32-1365.02(H)–(I) passes the role when an agent cannot or will not act; fifteen days after the provider's initial contact creates a presumption of unavailability, but a higher-rank person who acts before final disposition resumes the right.

Disqualification, disputes and reliance

Section 36-831(I) shifts the duty down the order when the otherwise responsible person is charged with the decedent's criminal death and the funeral director knows of the charge. Section 32-1365.02(J) sends a control dispute to the parties or a court of competent jurisdiction; the provider may pause until an order or suitable confirmation and may itself bring an action. A provider relying in good faith on an apparently genuine personal direction receives § 32-1365.01(E)'s protection. Sections 36-831(H) and 32-1365.02(G) provide distinct protections for instructions from an apparently authorized person, subject to their stated inquiry and knowledge limits.

What trips people up

The fifteen-day presumption in § 32-1365.02(I) is measured from the provider's initial contact, not from death. It is also reversible before final disposition when a higher-rank person contacts the provider or becomes able to act. A signed lifetime waiver under § 36-831(B) is a separate route, and failure to fund the decedent's own written directions affects whether a provider must perform them under § 32-1365.01(D).

Common questions

Can one adult child authorize cremation? Under § 36-831(D), one class member may act if unaware of an equal-rank objection. A known objection calls for a majority of reasonably available class members; § 32-1365.02(D) applies the same rule to authorizing agents.

Can a funeral provider ask a court to settle a dispute? Yes. Section 32-1365.02(J) expressly permits the provider to bring an action in a court of competent jurisdiction to expedite resolution.

Statutes and sources

• Ariz. Rev. Stat. § 36-831(A): “A. Except as provided in subsection I or J of this section, the duty of burying the body of or providing other funeral and disposition arrangements for a decedent devolves in the following order: 1. If the decedent was married, on the surviving spouse unless: (a) The decedent was legally separated from the decedent's spouse. (b) A petition for divorce or for legal separation from the decedent's spouse was filed before the person's death and remains pending at the time of death. 2. On the person who is designated as having power of attorney for the decedent in the decedent's most recent health care power of attorney pursuant to chapter 32, article 2 of this title if that power of attorney specifically gives that person the authority to make decisions regarding the disposition of the decedent's remains or a durable power of attorney if that power of attorney specifically gives that person the authority to make decisions regarding the disposition of the decedent's remains. 3. If the decedent was a minor, on the parents, unless there has been an award of legal decision-making or there is a parenting plan that prescribes which parent has final authority to make legal decisions on behalf of the child. 4. On the adult children of the decedent. 5. On the decedent's parent. 6. On the decedent's adult sibling. 7. On the decedent's adult grandchild. 8. On the decedent's grandparent. 9. On an adult who exhibited special care and concern for the decedent. 10. On the person who was acting as the guardian of the person of the decedent at the time of death. 11. On any other person who has the authority to dispose of the decedent's body. 12. If none of the persons named in paragraphs 1 through 11 of this subsection is financially capable of providing for the burial or other funeral and disposition arrangements, or cannot be located on reasonable inquiry, on any person or fraternal, charitable or religious organization willing to assume responsibility. 13. If the decedent was a prisoner in the custody of the state department of corrections at the time of death and none of the persons named in paragraphs 1 through 11 of this subsection is willing to provide for the burial or other funeral and disposition arrangements, or cannot be located on reasonable inquiry, on the state department of corrections.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 36-831(B): “B. During a person's life, the person's family members that are listed in subsection A of this section may sign a waiver of decision-making that waives their rights under this section relating to the disposition of the person's body when the person dies.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 36-831(C): “C. If none of the persons named in subsection A of this section is willing or financially able to bury or provide other funeral and disposition arrangements for a deceased person, or if the person cannot be located after reasonable efforts have been made to do so, the county in which death occurs shall bury or place in a permanent care crypt the dead body or cremated remains of a dead body. The county officer who is responsible for determining financial eligibility or abandonment may conduct an investigation for that purpose. If the decedent is known to be an honorably discharged veteran or the surviving spouse of an honorably discharged veteran, the county shall notify the United States department of veterans affairs or a local veteran's organization, or both, of the death and give the department or that organization the opportunity to provide for the person's burial or for other funeral and disposition arrangements.  If the department or organization is unable to provide for the burial of the veteran or the surviving spouse, the county shall ensure that the decedent is properly interred and that burial is made in a veterans' cemetery or a portion of a cemetery that is designated for the burial of veterans and spouses of veterans.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 36-831(D): “D. If there is more than one member of a category listed in subsection A, paragraph 3, 4, 5, 6, 7, 8 or 9 of this section entitled to serve as the authorizing agent, final arrangements may be made by any member of that category unless that member knows of any objection by another member of the category. If an objection is known, final arrangements shall be made by a majority of the members of the category who are reasonably available.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 36-831(F): “F. A person on whom the duty prescribed in subsection A of this section is imposed who omits or is unwilling to perform that duty within a reasonable time or is prohibited from performing that duty under subsection I of this section is liable to the person performing the duty in an amount of two times the expenses the person incurred in providing for the burial or other funeral and disposition arrangements. The person who performs this duty may recover this amount in a civil action.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 36-831(H): “H. A person, a corporation or an agency of government that provides for the burial or other funeral and disposition arrangements on the instructions of a person described in subsection A of this section is immune from civil liability: 1. For failing to honor the wishes of the decedent or the wishes of a person who has a higher priority as prescribed in subsection A or C of this section if the person, corporation or agency of government was not aware, after reasonable inquiry, of the contrary wishes. 2. For refusing to follow conflicting directions of persons who have the same priority as prescribed in subsection A of this section. 3. For following directions of a personal representative that are consistent with the written testamentary instructions of the decedent.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 36-831(I): “I. The duty to bury or to provide other funeral and disposition arrangements devolves to the next person in the order prescribed in subsection A of this section if the person who is otherwise responsible for performing this duty is charged with the criminal death of the person to whom the duty is owed and the funeral director is aware of the charge. The person who performs this duty may recover costs as prescribed in subsection F of this section. If the charges against the person on whom this duty originally fell are subsequently dismissed or are resolved in that person's favor on the merits, the person is responsible for only the actual costs.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 36-831(J): “J. If the decedent died while serving in any branch of the United States armed forces, the United States reserve forces or the national guard, and completed a United States department of defense record of emergency data, DD form 93, or its successor form, the duty to bury the decedent or to provide other funeral and disposition arrangements for the decedent devolves on the person authorized by the decedent pursuant to that form.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 36-831.01(A): “A. If the person on whom the duty of burial is imposed pursuant to section 36-831 is aware of the decedent's wishes regarding the disposition of his remains, that person shall comply with those wishes if they are reasonable and do not impose an economic or emotional hardship.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 36-831.01(B): “B. No funeral establishment or crematory licensed pursuant to title 32, chapter 12 or 20 or a cemetery certified under title 32, chapter 20, that relies in good faith upon the instructions for disposition of a body given by the person authorized pursuant to section 36-831 shall be subject to civil liability or subject to disciplinary action for disposition of the remains in accordance with the instructions.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 32-1365.01(A)–(E): “A. A legally competent adult may prepare a written statement directing the cremation or other lawful disposition of the legally competent adult's own remains pursuant to section 36-831. The written statement may but need not be part of the legally competent adult's will. B. The legally competent adult who is the subject of a document described in subsection A of this section shall sign and date the document. The document shall be notarized or witnessed in writing by at least one adult who affirms that the notary or witness was present when the legally competent adult signed and dated the document and that the legally competent adult appeared to be of sound mind and free from duress at the time of execution of the document. C. A document that conforms to this section authorizes a crematory, cemetery, alkaline hydrolysis facility or funeral establishment to carry out the wishes of the legally competent adult who is the subject of the document. It is not necessary for a crematory, cemetery, alkaline hydrolysis facility or funeral establishment to obtain the consent or concurrence of any other person when it cremates or otherwise provides for the lawful disposition of a dead human body pursuant to instructions contained in a document that conforms to this section. D. This section does not mandate that a crematory, cemetery, alkaline hydrolysis facility or funeral establishment cremate or otherwise provide for the lawful disposition of a dead human body pursuant to the document unless the legally competent adult who executed the document made any financial arrangements necessary to effectuate the legally competent adult's wishes as expressed in the document. E. A crematory, cemetery, alkaline hydrolysis facility or funeral establishment that cremates or otherwise provides for the lawful disposition of a dead human body in good faith reliance on an apparently genuine document executed pursuant to this section is immune from criminal and civil liability and is not subject to professional discipline. The decision of a crematory, cemetery, alkaline hydrolysis facility or funeral establishment to cremate or otherwise provide for the lawful disposition of a dead human body in reliance on a document executed pursuant to this section is presumed to be made in good faith.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 32-1365.02(A)–(D): “A. Except as provided in section 32-1365.01 and in subsection E of this section, it is unlawful to cremate, use alkaline hydrolysis or disinter a dead human body without prior written consent of the authorizing agent. B. Except as provided in section 32-1365.01, it is unlawful to embalm a dead human body without prior oral or written consent of the authorizing agent. C. A funeral establishment shall create a written record of an oral consent given pursuant to this section that includes all of the following: 1. The name of the authorizing agent. 2. The relation of the authorizing agent to the deceased. 3. The date and time that consent was given. 4. The name of the person who obtained the consent. 5. Any other information required by the department. D. In determining who the proper authorizing agent is, the order of preference is the same as provided in section 36-831. If there is more than one member in a category listed in section 36-831 entitled to serve as the authorizing agent, final arrangements may be made by any member of that category unless that member knows of an objection by another member of the category.  If an objection is known, final arrangements shall be made by a majority of the members of the category who are reasonably available.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 32-1365.02(G)–(K): “G. A funeral establishment, an employee or agent of a funeral establishment or a licensee shall exercise due diligence to obtain the consent required pursuant to this section from the proper authorizing agent. It is an affirmative defense to any action or claim brought against a crematory, cemetery, alkaline hydrolysis facility or funeral establishment relating to the disposition of a dead human body that the crematory, cemetery, alkaline hydrolysis facility or funeral establishment relied in good faith on the direction of a person who claimed to be the authorizing agent in providing for the lawful disposition of a dead human body. The decision of a crematory, cemetery, alkaline hydrolysis facility or funeral establishment to cremate or otherwise provide for the lawful disposition of a dead human body in reliance on the direction of a person who claims to be the authorizing agent is presumed to be in good faith unless the crematory, cemetery, alkaline hydrolysis facility or funeral establishment has actual knowledge that the claim is false. H. If the authorizing agent is not reasonably available or unable to act as the authorizing agent, the person's right to be the authorizing agent shall pass to the next person or category of persons in the order of preference prescribed in section 36-831. I. It is presumed that the authorizing agent is not reasonably available to act as authorizing agent if the crematory, cemetery, alkaline hydrolysis facility or funeral establishment after exercising due diligence has been unable to contact the individual or if that person has been unwilling or unable to make final arrangements for the disposition of the decedent within fifteen days after the initial contact by the crematory, cemetery, alkaline hydrolysis facility or funeral establishment.  If a person in a prior category makes an initial contact with the crematory, cemetery, alkaline hydrolysis facility or funeral establishment or becomes able before the final disposition of the decedent, that person resumes that person's right to serve as the authorizing agent. J. Any dispute among any of the persons listed in section 36-831, subsection A concerning the right to control the disposition, including cremation or alkaline hydrolysis, of a decedent's remains shall be resolved by the parties to the dispute or by a court of competent jurisdiction in order to expedite the resolution of a dispute among the parties. A crematory, cemetery, alkaline hydrolysis facility or funeral establishment is not liable for refusing to accept the decedent's remains or to inter, cremate, use alkaline hydrolysis or otherwise dispose of a decedent's remains until it receives a court order or other suitable confirmation that the dispute has been resolved or settled.  A crematory, cemetery, alkaline hydrolysis facility or funeral establishment may bring an action in a court of competent jurisdiction in order to expedite the resolution of a dispute among the parties listed in section 36-831, subsection A. K. For the purposes of this section, "reasonably available" means a person who is able to be contacted by the crematory, cemetery, alkaline hydrolysis facility or funeral establishment without undue effort and who is willing and able to act within fifteen days after the initial contact by the crematory, cemetery, alkaline hydrolysis facility or funeral establishment.” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 36-3221(A)–(E): “A. A person who is an adult may designate another adult individual or other adult individuals to make health care decisions on that person's behalf or to provide funeral and disposition arrangements in the event of the person's death by executing a written health care power of attorney that meets all of the following requirements: 1. Contains language that clearly indicates that the person intends to create a health care power of attorney. 2. Except as provided under subsection B of this section, is dated and signed or marked by the person who is the subject of the health care power of attorney. 3. Is notarized or is witnessed in writing by at least one adult who affirms that the notary or witness was present when the person dated and signed or marked the health care power of attorney, except as provided under subsection B, and that the person appeared to be of sound mind and free from duress at the time of execution of the health care power of attorney. B. If a person is physically unable to sign or mark a health care power of attorney, the notary or each witness shall verify on the document that the person directly indicated to the notary or witness that the power of attorney expressed the person's wishes and that the person intended to adopt the power of attorney at that time. C. A notary or witness shall not be any of the following: 1. A person designated to make medical decisions on the principal's behalf. 2. A person directly involved with the provision of health care to the principal at the time the health care power of attorney is executed. D. If a health care power of attorney is witnessed by only one person, that person may not be related to the principal by blood, marriage or adoption and may not be entitled to any part of the principal's estate by will or by operation of law at the time that the power of attorney is executed. E. A person whose license as a fiduciary has been suspended or revoked pursuant to section 14-5651 may not serve as an agent under a power of attorney in any capacity unless the person is related to the principal by blood, adoption or marriage.  This prohibition does not apply if the person's license has been reinstated and is in good standing. ” Official section, accessed 2026-10-05.
• Ariz. Rev. Stat. § 14-5501(A)–(F): “A. A durable power of attorney is a written instrument by which a principal designates another person as the principal's agent. The instrument shall contain words that demonstrate the principal's intent that the authority conferred in the durable power of attorney may be exercised: 1. If the principal is subsequently a person with a disability or incapacitated. 2. Regardless of how much time has elapsed, unless the instrument states a definite termination time. B. The written instrument may demonstrate the principal's intent required by subsection A of this section using either of the following statements or similar language: 1. "This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time." 2. "This power of attorney is effective on the disability or incapacity of the principal." C. A power of attorney executed in another jurisdiction of the United States is valid in this state if the power of attorney was validly executed in the jurisdiction in which it was created. D. Except as provided in section 28-370, an adult, known as the principal, may designate another adult, known as the agent, to make financial decisions on the principal's behalf by executing a written power of attorney that satisfies all of the following requirements: 1. Contains language that clearly indicates that the principal intends to create a power of attorney and clearly identifies the agent. 2. Is signed or marked by the principal or signed in the principal's name by some other individual in the principal's conscious presence and at the principal's direction. 3. Is witnessed by a person other than the agent, the agent's spouse, the agent's children or the notary public. 4. Is executed and attested by its acknowledgment by the principal and by an affidavit of the witness before a notary public and evidenced by the notary public's certificate, under official seal, in substantially the following form: I, _, the principal, sign my name to this power of attorney this day of _ and, being first duly sworn, do declare to the undersigned authority that I sign and execute this instrument as my power of attorney and that I sign it willingly, or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes expressed in the power of attorney and that I am eighteen years of age or older, of sound mind and under no constraint or undue influence. ___ Principal I, _, the witness, sign my name to the foregoing power of attorney being first duly sworn and do declare to the undersigned authority that the principal signs and executes this instrument as the principal's power of attorney and that the principal signs it willingly, or willingly directs another to sign for the principal, and that I, in the presence and hearing of the principal, sign this power of attorney as witness to the principal's signing and that to the best of my knowledge the principal is eighteen years of age or older, of sound mind and under no constraint or undue influence. _____ Witness The state of __ County of __ Subscribed, sworn to and acknowledged before me by _, the principal, and subscribed and sworn to before me by _, witness, this __ day of __. (seal) (signed) ___ ____ (notary public) E. The execution requirements for the creation of a power of attorney provided in subsection D of this section do not apply if the principal creating the power of attorney is: 1. A person other than a natural person. 2. Any person, if the power of attorney to be created is a power coupled with an interest. For the purposes of this paragraph, "power coupled with an interest" means a power that forms a part of a contract and is security for money or for the performance of a valuable act. F. A person whose license as a fiduciary has been suspended or revoked pursuant to section 14-5651 may not serve as an agent under a power of attorney in any capacity unless the person is related to the principal by blood, adoption or marriage.  This prohibition does not apply if the person's license has been reinstated and is in good standing. ” Official section, accessed 2026-10-05.