National Board Of Examination (NBE) Arts Practice Exam

Who must a funeral practitioner obtain authorization to cremate a deceased from?

1. The person holding durable power of attorney

2. The named executor of the decedent's estate

3. The person who has right of disposition

4. The appointed attorney for the decedent's estate

The correct answer is: The person who has right of disposition

A funeral practitioner must obtain authorization to cremate a deceased from the person who has the right of disposition. This individual is typically responsible for making decisions related to the deceased's remains, including cremation. The right of disposition generally follows state laws that designate who has the legal authority to make such arrangements, which could include immediate family members or other legally recognized individuals. While durable powers of attorney and executors also have important roles in managing estate affairs, they do not necessarily have the specific authority regarding final arrangements unless it is explicitly stated in the power of attorney or other legal documentation. The appointed attorney for the decedent's estate primarily handles legal and financial matters, rather than decisions about the disposition of remains. Therefore, it is the person with the right of disposition who is the correct authority for providing this authorization.