Under common law, how can an individual lose their right to make disposition decisions?

An individual can lose their right to make disposition decisions under common law primarily due to being deemed unfit. When someone is declared unfit, typically because of mental incapacity, substance abuse issues, or other personal challenges, they are no longer considered capable of making sound, informed decisions. This principle safeguards individuals and their interests, ensuring that those who are unable to make rational choices do not control the disposition of remains, which is a significant responsibility and requires clarity of thought.

Other options, while they might pertain to limitations in decision-making authority, do not hold the same legal weight as being deemed unfit. Notifying others or encountering legal issues might influence a person's decision-making process but does not inherently strip them of their rights. Similarly, being the nearest and dearest does not automatically qualify or disqualify someone's authority to make decisions about disposition; it is the individual's legal and mental standing that ultimately determines their capability to fulfill this role.