Most of us understandably would like nothing more than to avoid thinking about death. But the fact of the matter is that we’ll all have to deal with it at some stage as well as any associated duties and obligations that may arise upon the passing of someone close to us. One of the considerations that a person may need to make is how to dispose of the body of someone who has passed away. What exactly are the duties and the requirements? Dealing with a person’s body after their passing is one of the more tangible aspects of death, and quite an important one.
Whose duty is it to dispose of a body?
Firstly, yes it is a rather morbid question to ask, but one that is also very necessary. The law suggests that it is the executor whose duty it is to dispose of a body, however, in the absence of an executor, it is then up to a spouse or a de facto partner who must dispose of the body appropriately.
In the event that more than one person has an equal right to deal with the body, it is then up to the courts to decide who shall carry out the duty.
Disposing of the body according to the person’s wishes
If a person has a specific desire in the manner that their body should be dealt with after their passing, the best course of action is to inform either the executor or loved ones of their wishes. Furthermore, informing an executor or family member of a person’s requirements after they have died, will also allow the appropriate actions to be taken if there is a specific desire to donate their body to a hospital or for scientific purposes.
It’s also important to be aware, that someone who explicitly communicates a wish of not to be cremated, has created a legally binding requirement that cannot be usurped.
Donating body parts
For anyone who wishes that their body be donated to science or for transplantation purposes, should register their intentions on the national Australian Organ Donor Register, and they must express their desire to undertake this action unequivocally. Furthermore, a person who wants to donate their body for scientific purposes should also make arrangements with the institution to who they want to donate their body to, and ensure that there are no problems in undertaking such an action.
If there are no explicit instructions on whether or not a person does not wish to become a donor, then it is up to the next of kin to decide to donate a body for transplant or therapeutical purposes. Alternatively, if a person does not want to have their body donated, then their wishes must also be respected.
Death can be an unpleasant thought for many people, however, we must all eventually deal with the notion in some capacity. In order to ensure that a person’s wishes are carried out upon their passing, it’s probably a good rule of thumb to be as thorough as possible when preparing for death. No matter how macabre the thought may be.
