Mountain View Cemetery | Disposition Laws

At Mountain View Cemetery, we’re very sensitive to the emotional pain that people face when losing a loved one. We know the burden is very heavy which is why we make things as easy as possible.

Clarifying Matters

It’s been our experience that it can be confusing for many people to understand the Arizona law for body disposition due to unclear language. The following should shed some light on the law.

In Arizona, citizens are permitted to authorize their personal preference for cremation or body disposition in writing as stipulated under Arizona Statute Title 32-1365.01. The citizen is not required to obtain any other person’s consent. This includes legal counsel, a spouse, children, or other family members.

For cremation, a funeral director must handle the details after a medical examiner grants approval. Arizona laws also permit citizens to designate an agent using a durable healthcare power of attorney. This gives the agent the authority, under statute 36-3221, to make funeral and burial arrangements.

The sticking point involves some sections of the law containing conflicting and unclear language that makes it hard to determine whether the designated agent has the final authority to comply with the person’s body disposition wishes, or whether that authority lies with a surviving spouse.

Other complications arise under 36-831 with issues such as:

• Whether or not the deceased was married to the surviving spouse.
• Was the deceased legally separated from his/her spouse?
• Was a divorce petition or a legal separation from the individual’s spouse filed prior to the person’s death and did it remain pending at the time of death?
• Can it be determined if the person, designated as having power of attorney for the decedent, is in the decedent’s most recent durable power of attorney?

These issues appear to conflict with legal rights that already exist in Arizona. If need be, you may want to contact a lawyer for clarification.

If you need help with questions or information about specific services, our staff members at Mountain View Funeral Home are available to provide detailed information, support and assistance.

Additionally, for those looking to pre-plan funeral arrangements, we understand the challenges and decisions that you are facing. Our staff is here to make things easier.