Who Can Authorize Cremation in Michigan?

Michigan has one of the more distinctive disposition laws in the country - worth knowing about whether you’re planning ahead for yourself or navigating a death right now.

What is a funeral representative designation?

Effective since 2016 (2016 PA 57, codified at MCL 700.3206), any Michigan adult of sound mind can designate a “funeral representative” in writing - a person who then has first priority to make decisions about funeral arrangements and the disposition of the body, including cremation. This designation can be included in a will, a patient advocate designation, or a standalone document, and doesn’t require the will (if any) to be admitted to probate to remain valid.

Does the designated person have to be a relative?

No - this is what makes Michigan’s law genuinely different from the simpler family hierarchies used in most states: the designated funeral representative can be anyone 18 or older, not necessarily a spouse, child, or other relative. This matters especially for people without nearby family, or with an estranged relationship - a close friend, partner, or pastor can be named instead.

Does the designation need to be witnessed?

Yes - the designation must be in writing, dated, and either signed in the presence of two witnesses, or signed before a notary public. A successor funeral representative can also be named, in case the first person is unable or unwilling to act.

What happens without a funeral representative designation?

If no funeral representative was designated, Michigan law falls back to a family hierarchy, generally in this order:

1. A surviving spouse
2. Adult children
3. Other adult descendants
4. Parents
5. Next of kin

What if family members disagree?

A funeral home isn’t required to resolve disagreements through a court petition, and may rely on a properly presented funeral representative designation over the objections of other family members. Genuine disputes may still require legal counsel to resolve.

What should I do next?

If you haven’t designated a funeral representative yet, this is genuinely worth doing even if you’d choose a family member anyway - it removes any ambiguity and gives that person clear legal priority. If you’re navigating a death right now, ask the funeral home directly whether a written designation exists before assuming the family hierarchy applies by default.

Add this to your Final Day Plan: whether you’d want to formally designate a funeral representative, and if so, who - Michigan’s law makes this genuinely easy to do, and it settles a question that otherwise falls to a hierarchy your family may not expect.

This reflects Michigan’s general legal framework under MCL 700.3206 - specific circumstances can affect who qualifies, and a funeral home or attorney can confirm details for a particular family’s situation. This is not legal advice.