Who holds the highest right of disposition under common law?

Under common law, the paramount primary right holder is the individual who holds the highest authority to make decisions regarding the disposition of the deceased's remains. This means that this person is typically the first in line with recognized legal rights to manage the affairs related to the body and the funeral arrangements, ensuring that their wishes are prioritized.

While the deceased’s spouse and nearest relatives, such as children or parents, might have significant rights in many cases, they do not supersede the paramount primary right holder. The distinction here emphasizes that there is often a hierarchy regarding who has the legal authority to direct the disposition of the body, and this hierarchy is recognized in common law.

In practice, the identification of the paramount primary right holder often depends on specific state laws and prior documented wishes of the deceased. However, in the absence of such documentation or local statutes, the primary right holder is typically seen as holding the most substantial legal standing in this context. This legal framework is essential for mortuary science practitioners to understand in order to facilitate proper authority and comply with regulations surrounding burial or cremation decisions.