Who should come to make the arrangements?

October 15, 2019

By law there is an order of who has control of making funeral arrangements, as outlined below.

* Subject to an order of the Court, the right to control the disposition of human remains or cremated remains vests in and devolves on persons in the following order of priority:


(a) the personal representative designated in the Will of the deceased;


(b) the spouse or adult interdependent partner of the deceased if the spouse or adult interdependent partner was living with the deceased at the time of death;


(c) an adult child of the deceased;


(d) a parent of the deceased;


(e) a guardian of the deceased under the Adult Guardianship and Trusteeship Act or, if the deceased is a minor, under the Child, Youth and Family Enhancement Act or the Family Law Act;


(f) an adult grandchild of the deceased; (g) an adult brother or sister of the deceased;


(h) an adult nephew or niece of the deceased;


(i) an adult next of kin of the deceased determined on the basis provided by sections 67 and 68 of the Wills and Succession Act;


(j) the Public Trustee;


(k) an adult person having some relationship with the deceased not based on blood ties or affinity;


(l) the Minister of Human Services.


In addition to the person who is legally obligated to make the funeral arrangements, it may be helpful for a couple of other family members to come in order to assist with the decision making process.


*From the Alberta Funeral Services Act - General Regulation (Section 36)

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