Who can provide permission to embalm, in order of priority?

The correct order of priority for who can provide permission to embalm starts with the Attorney in Fact, followed by the surviving spouse, and then the surviving child. This reflects an established hierarchy in legal authority concerning funeral arrangements and decision-making, especially in sensitive matters like embalming, which require explicit consent.

The Attorney in Fact holds a powerful position, as they are typically granted legal authority through a durable power of attorney specifically to make medical or funeral decisions on behalf of the deceased. This makes them the first in line for granting permission for embalming.

Following the Attorney in Fact, the surviving spouse is given priority because most jurisdictions recognize the marital bond as a strong legal and emotional connection, giving the spouse considerable authority in making final arrangements.

Lastly, the surviving child is next in line. They have the right to make decisions if there are no other legal representatives available or if the surviving spouse is not present or unable to make decisions.

Understanding the specific hierarchy is crucial for both compliance with the law and the respect of family dynamics during such a sensitive time.