Visit Us
1350 Euclid Ave., #280 Cleveland, OH 44115
When it comes to end-of-life planning, few topics are as sensitive or as important as making arrangements for the final disposition of the remains of yourself or a loved one.
In Ohio, understanding your options for the final disposition of remains is a matter of personal preference. It’s also a legal right that can save your family stress and uncertainty during a difficult time. This guide explores the various final disposition options available, the legal framework governing these decisions, and practical considerations for making your wishes clear.
In Ohio, adults of sound mind have the legal authority to determine how the final disposition of their remains will be handled. This right, known as the “right of disposition,” allows you to specify your preferences for burial, cremation, or other forms of final disposition, and to assign a representative to carry out your wishes. By executing a written declaration, you can ensure that your instructions are legally binding and that your chosen representative (and any successor representatives) will have the authority to make arrangements on your behalf.
A Declaration for Funeral Arrangements is a legal document recognized by Ohio law that allows you to:
This document is governed by Ohio Revised Code Section 2108.70 and related statutes, ensuring your choices are respected and that your family has clear guidance.
Ohio law recognizes several primary methods for the final disposition of remains. Each option comes with its own considerations, both legal and personal.
This remains a common choice for many Ohio families. Burial involves interring the body in a cemetery plot, typically within a casket. They also allow for a permanent memorial site, which can be meaningful for loved ones who wish to visit and remember the deceased.
Considerations:
This option has become more popular because of its flexibility and frequently lower cost compared to traditional burials. Ohio law strictly regulates the process and the handling of cremated remains, ensuring dignity and respect throughout.
Disposition of Cremated Remains:
Ohio law prohibits the commingling of cremated remains from different individuals, except in specific circumstances, and outlines clear procedures for unclaimed remains.
An environmentally conscious option that forgoes embalming chemicals, metal caskets, and concrete vaults. The deceased is placed in a biodegradable container and interred in a natural setting, allowing it to decompose naturally.
Considerations:
Some individuals choose to donate their bodies to medical science or research, such as OSU College of Medicine’s Body Donation Program. The body is available for medical education for two years. When completed, the institution arranges for respectful cremation or burial of the final remains, which may be returned to the family if requested.
Considerations:
Alkaline hydrolysis, sometimes called “aquamation,” “biocremation,” “resomation,” or “water cremation,” is another method of disposition of remains that uses water and chemicals to dispose of remains. However, it is not currently legal in Ohio. While it is gaining acceptance in other states, Ohio may legalize this process in the future.
The person or group you appoint as your representative has the legal authority and responsibility to carry out your wishes regarding your final remains. If you choose cremation, the authorizing agent (usually your representative or next of kin) must sign a cremation authorization form and is ultimately responsible for the final disposition of the cremated remains.
If no instructions are provided, or if remains are unclaimed after a certain period (typically 30 to 60 days), funeral homes and crematories in Ohio are permitted to dispose of the remains in a dignified and lawful manner, such as burial in a common grave or scattering in a memorial garden.
To ensure your preferences for your final remains are honored:
Ohio law allows you to include religious observances or other personal wishes in your declaration. Whether you desire a specific type of service, ritual, or handling for your final remains, these preferences can be documented to guide your representative.
The costs associated with final disposition can vary widely based on your choices. Traditional burials generally incur higher expenses for cemetery plots, caskets, and vaults. Cremation and green burial methods may be more affordable. Pre-planning and pre-paying for arrangements can relieve your family’s financial burden and ensure your wishes are carried out as intended.
Planning for the final disposition of your remains is a part of comprehensive estate planning, which functions as a profound act of care for your loved ones. By understanding your options and executing a clear, legally binding declaration, you ensure that your final wishes are respected and that your family is spared unnecessary uncertainty. Whether you choose traditional burial, cremation, green burial, donation, or another method, Ohio law provides the tools you need to take control of your final remains.
If you have questions about your options or need assistance preparing your Declaration for Funeral Arrangements, consult with Rhodium Law. Our experienced team, including our Ohio estate planning attorney, is available to help you understand your options. Call us today at 216-699-8145, or book your consultation online. Plan Today. Peace Tomorrow.
