To whom can a body be released to?

bambera

Hi. I have an elderly relative who is dying. We found out yesterday that another relative has gone ahead and made funeral arrangements without talking to any other family members.

I was also told that this family member had put himself down as next of kin when my elderly relative was put into a nursing home (a home on which none of the other siblings agreed to) and that this meant the body would be released to him once my elderly relative passes away.

Is there anyway of stopping this so that the body is not released to this person and a funeral location can be agreed upon with all siblings? We feel that we are stuck between a rock and a hard place as we don't know how to fix this in such a short space of time so that my dying relative is given a funeral that all members agree upon.

Any info would be really appreciated.

P.S. I think I should mention that the nursing home owner is on very good terms with said family member and so is refusing to speak to any other family member in a non aggressive tone.

rubberdungeon

Funeral Arrangements

The release of the remains and funeral arrangements

Funeral arrangements should not be made until the body is released or the Coroner has indicated when release will occur. This is important at all times, but particularly at bank holiday weekends and public holidays. Cremation cannot take place until the appropriate Coroner’s Certificate is issued.
Where a death occurs in a house or a nursing home, funeral directors should not remove the body to a funeral parlour without establishing that a Medical Certificate of the Cause of Death is available. This may necessitate speaking directly to the doctor or the Coroner’s office as appropriate. Death should have been pronounced by a registered medical practitioner, e.g., the family doctor, a hospital doctor etc.
Usually the body is released to the next-of-kin shortly after the post mortem examination. In rare cases, for example where there is an ongoing criminal investigation into the death, it may be necessary to retain the body for a longer period of time.
Where an inquest is to be held, the Coroner is usually able to allow burial or cremation once the post-mortem examination of the body has been completed.
Certain documents will be issued by the Coroner where a body is to be cremated or removed out of the country.

http://www.coroners.ie/en/CS/Pages/Funeral%20Arrangements

bambera

Thanks for your fast reply. I saw that alright but in terms of next of kin, how is this decided upon if there are several children?

Thanks.

coylemj

OP, you're talking in vague terms about 'relatives' and 'next-of-kin'. Can you be a bit more specific and get it down to absolute relationship - are we talking about sons and daughters or nephews and nieces or what?

The closest person in terms of blood relationship would be the 'next of kin' but if there are several people with the same relationship and they cannot agree then there can be problems, you probably need to consult a solicitor.

This may sound a bit OTT but even the family of Nelson Mandela ended up in court before the great man died because they couldn't agree on where he would be buried so it happens the best of them....

bambera

coylemj wrote: »

OP, you're talking in vague terms about 'relatives' and 'next-of-kin'. Can you be a bit more specific and get it down to absolute relationship - are we talking about sons and daughters or nephews and nieces or what?

The closest person in terms of blood relationship would be the 'next of kin' but if there are several people with the same relationship and they cannot agree then there can be problems, you probably need to consult a solicitor.

This may sound a bit OTT but even the family of Nelson Mandela ended up in court before the great man died because they couldn't agree on where he would be buried so it happens the best of them....

Hey. The people in question are siblings and it's their father who is dying.


As they are all his children, should they all be down as next of kin?
I'm not sure if court is an option as it's only a matter of days now before he passes away. I suppose as you said, the best option is to contact a solicitor as soon as possible to see if anything can be done to stop the body being released to just this one person.

Thanks for your help.

Peregrinus

Has he made a will? And, if so, do you know who it names as executor.

Assuming there is no widow, the mans next of kin are his children. In theory, they all have to agree about the funeral, and (if there is no will naming an executor) they all have equal rights to participate in the administration of his estate. In practice, it's usual where there are several next-of-kin for them to agree among themselves about who will do what. If they absolutely cannot agree, the whole thing will end up court. However it pans out from there, that is a disastrous outcome which you want to avoid at all costs

Victor

bambera wrote: »

I'm not sure if court is an option as it's only a matter of days now before he passes away.

If the correct procedure is adopted, the courts can respond very quickly. Talk to a solicitor ASAP.

Your local Garda station will have a list of solicitors that work weekends, although they likely specialise in criminal work, they may do general practice or be able to recommend someone.

cobham

If this man has written a will, he may have included a wish or a directive as to his funeral arrangements. It is the duty of an executor to take into account his wishes and if it is a 'directive', the executor is obliged to follow same.