Who Decides

Who Decides

In Massachusetts, it is legal for a family member or designated agent to handle everything, without a funeral director. The executor or personal representative may carry out written instructions of the deceased relating to the body, funeral, and burial arrangements. See Massachusetts General Law, Chapter 190B, Article III, Section 3-701.

The national Funeral Consumers Alliance has a helpful webpage about the general issue of who decides. It includes a state-by-state summary of variations. See “Who has the legal right to make decisions about your funeral?”

This important point is included:

“Your designated agent is not obligated to carry your wishes out if they’re highly impractical, illegal, or financially burdensome. It’s very important for you and your agent to understand how much your wishes will cost, and to plan accordingly. You should not expect your designated agent to pay for a costly funeral if you don’t set money aside for that expense.”