In Kansas, who decides what happens to a person’s body after death is set by Kan. Stat. Ann. § 65-1734. If the person did not name someone in advance, the right usually falls first to the spouse, then passes down a fixed order set by the law.
This page sets out that order, how ties are settled, when someone loses the right, and what happens if the family disagrees. It is general information, not legal advice.
Who decides, in order, under Kansas law
- DD Form 93 designee (death during active military service)
- Health care power of attorney agent with disposition authority
- Spouse
- Adult children
- Parents
- Next of kin by degree (heirs)
- Guardian of the person
- Personal representative
- Public official (indigent cases)
The right belongs to the first person or group on the list who is available, willing and able to act. If they decline or cannot be reached, it passes to the next.
Can you name someone in advance in Kansas?
Yes. The document the law requires: Durable power of attorney for health care decisions (K.S.A. 58-625 et seq.) that grants disposition authority; DD Form 93 for deaths in active military service. A valid designation comes before a spouse or any relative.
When several people share the right
Any adult child who confirms in writing that all other adult children were notified may direct disposition unless the funeral home or crematory receives a written objection from another adult child. Among more distant heirs of the same degree, any one may direct disposition.
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When someone loses the right
The law we reviewed does not list specific circumstances in which a person loses the right.
If the family disagrees
The law we reviewed does not set out a specific dispute procedure; families who cannot agree usually need a court order before a funeral home will proceed.
Kansas relies on the health care power of attorney; there is no separate funeral-agent form.
Death certificates and local help in Kansas
Certified death certificates come from the vital records office where the death happened: Kansas vital records (CDC directory). Our guide to getting a death certificate in Kansas covers fees and who can order.
Related guides
- What to do when someone dies: the first 24 hours
- Who to call when someone dies, and in what order
- How much a funeral costs, line by line
- Help paying for a funeral: Social Security, VA and FEMA
- Official funeral resources for every state
Source
- Kan. Stat. Ann. § 65-1734, text reviewed 2026-09-24.