National Board Of Examination (NBE) Arts Practice Exam

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Who typically has the right of disposition for a deceased individual's remains?

The funeral director
The immediate family members
The individual named in the decedent's will
The person designated by law

The correct answer is: The person designated by law

The right of disposition for a deceased individual's remains typically rests with the person designated by law. This legal framework varies by jurisdiction but generally dictates a hierarchy among individuals who can legally make decisions about the remains. In many cases, this means that there may be a specific order of priority established by state laws, which could include spouse, adult children, parents, or siblings of the deceased. The law aims to streamline the process and ensure that the wishes of the deceased, as well as the rights of surviving family members, are respected. While family members and individuals named in a will might have roles in making decisions regarding the funeral or memorial services, it is the legally designated individual who ultimately holds the authority to make final decisions regarding the disposition of remains. The funeral director typically acts on behalf of the designated individual and facilitates the arrangements rather than having the right to make decisions independently.