Disposition of Remains Decision Authority in District of Columbia
At a glance
| Decedent's own directions | Competent adult may decide disposition by dated, signed document without another person’s consent; written revocation allowed (§ 3-413(b)(1), (c)–(d)). |
|---|---|
| Appointed decision maker | Competent adult may designate a representative whose authority begins at death; designation supersedes default family order (§ 3-413(b)(2)). |
| Agent document formalities | Dated, signed document clearly communicating intent to designate representative; may be included in specified health-care document (§ 3-413(b)(2)(B), (c), (e)). |
| Family and other priority order | Competent spouse/domestic partner → adult children → parents → next kindred → adult friend or volunteer (§ 3-413(a)). |
| Equal-priority tie rule | Majority of competent adult children or same-degree kindred; limited lesser group may act after notice efforts without more-than-majority opposition (§ 3-413(a)(2), (4)). |
| Failure to act or waiver | § 3-413(d) permits written revocation of document at any time; default ladder applies where decedent gave no other directions (§ 3-413(a)). |
| Persons barred from control | Default spouse, child, parent and kin classes require competence; § 3-413(a) states that condition for each applicable class. |
| Resolving a contested claim | Court of competent jurisdiction resolves control/disposition dispute, weighing practical arrangements, ties, wishes/resources and participation (§ 3-413.01). |
| Funeral-provider reliance | Priority and dispute provisions direct a contested control claim to court; §§ 3-413 and 3-413.01 do not specify a provider reliance rule. |
Requirements one by one
Directions and representative
D.C. Code § 3-413(b)(1) lets a competent adult decide disposition by a document without consent from another person. Subsection (b)(2) allows a designated representative instead if the document clearly communicates that intent; the designation begins at death. Under subsection (c), the document is dated and signed by the adult, and subsection (d) permits written revocation at any time. It may be included in the specified health-care document under subsection (e).
Family priority and ties
If the decedent gave no other directions, § 3-413(a) ranks a competent surviving spouse or domestic partner, competent adult children, competent parents, competent adult next kindred, then an adult friend or volunteer. A majority of adult children or more remote same-degree kin controls. A smaller group may act after reasonable efforts to notify others if it knows of no opposition by more than a majority of its class. The parent provision lets the remaining parent act after unsuccessful reasonable efforts to locate the absent parent.
What trips people up
D.C. Code § 3-413.01 assigns disputes over who controls or disposes of remains to a court of competent jurisdiction. It directs the court to weigh practical arrangements and resources, personal ties, the decedent's expressed wishes and resources, and participation by mourners. The priority and dispute sections do not themselves set a funeral-provider reliance rule.
Common questions
Can the decedent name someone outside the family? Section 3-413(b)(2) permits designation of an individual; the default family ladder applies when no other directions were given under subsection (a).
Must a designation be notarized? Section 3-413(c) requires a date and signature, while subsection (b)(2)(B) requires clear designation language.
Statutes and sources
- D.C. Code §§ 3-413, 3-413.01: directions, family priority and disputes, quoted with official URLs above.
Source links
Every statute quoted above, linked, with the date we checked it.
What does District of Columbia law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current District of Columbia law apply to your situation, with citations you can check.
Opens in Ezel Pro.
- Starts from the statutes this survey is built on
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace