What The Law Says


 
 

Unfortunately, There isn’t one simple spot in the law that states families rights and responsibilities when caring for the dead, but by looking at wording in various Statutes we know that it is true. In AZ we refer to our laws as Statutes.

Arizona Revised Statutes

In the Arizona Revised Statute you can find relevant information about care of the dead exists in Title 32 and Title 36

Title 32 Chapter 12

Provides information on the regulations for Licensed Funeral Directors.  Also, in this section is the language that states that families can act without a funeral director.

Title 32-1301 #23

It is important to emphasize that in common practice it is assumed that families MUST hire a Funeral Director, but in Arizona (and in most states) that is not the case.  In all sections that govern the practice of Funeral Directing, a family's right is protected with the language "Funeral Director or other responsible person." And that a Funeral Director is someone who practices funeral directing for compensation. Please note that when the statute refers to "other responsible person" the family member considered responsible for the remains is assumed. See here for information about who is responsible. 

Title 36 Chapter 3

Holds all vital records and paperwork information

Title 36 Chapter 7

Holds information about disposition of Human Remains and is mostly relevant to organ donation