New York's Public
Health Law § 4201

Effective August 2nd, 2006 (subsequently revised 08/02/2007), pursuant to Public Health Law §4201, individuals will be able to include in their estate planning, an assignment of agent in the disposition of remains. While this may seem unnecessary to the majority of individuals, with the increase of multiple marriages, same-sex relationships, and individuals who are choosing co-habitation over legal marriage, the disposition of a loved one's remains is increasingly being litigated. And even though burial or cremation instructions can be included in an individual's Last Will & Testament, an individual is usually buried or cremated long before a Will is probated or even looked at.

The Appointment of Agent to Control Disposition of Remains, similar to a Health Care Proxy or a Living Will, designates the agent whom the client wishes to carry out these matters. In addition, the statute provides that an individual may give special directions such that s/he be cremated, that their body be buried in a particular grave at a specified cemetery, or that a particular funeral home handle the arrangements.

Significantly, an individual will be able to revoke prior appointments and advise the designated agent of his/her appointment. This is particularly beneficial in divorces or second marriages. The designated agent is then required to sign a document both accepting and assuming the responsibilities of agent for this individual. Original Appointment of Agent to Control Disposition of Remains documents may be kept with the client, the designated agent, a law firm, and a named funeral home.

Upon the client's death, the designated agent will be able to present this legally-recognized document and ensure that the client's remains are disposed of according to his or her special directions.

Who Can Authorize a
Cremation/Burial in New York?

In the event that the decedent did not name an agent, Public Health Law §4201 also designates in descending priority those individuals which shall have the right to control the disposition of the decedent's remains:

• Person designated in written instrument;
• Surviving spouse;
• Domestic partner
• Any of the decedent's surviving children over the age of 18
• Either of the decedent's parents
• Any of the decedent's surviving siblings (brothers or sisters) over the age of 18
• A guardian appointed pursuant to Article 17 or Article 17-a of the Surrogate's Court Procedure Act (SCPA) or Article 81 of the Mental Hygiene Law
• Person 18 years 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
• The duly appointed fiduciary of the decedent's estate
• 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

What You Can Do Now

We sincerely hope that you're reading this page before a death occurs. If this is the case, simply download the Appointment of Agent to Control Disposition of Remains by clicking here (or the button above) and complete it as quickly as possible.

Downloads: General Price List | Direct Cremation Itemization | Information We'll Need Form
Appointment of Agent to Control Disposition of Remains

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