(Warning: Typos Intact, Not Legal Advice)

Can a Medical POA donate the body to medical science?
I have my mother’s medical POA. The family does not wish to have a full burial upon mother’s death but would rather donate the body to medical science at local university. Does POA have authority to donate body?

Answer:

Generally speaking, a healthcare power of attorney does not grant the patient advocate the authority to make decisions regarding the disposition of a person’s remains after death. Instead, the next of kin—whether it is one individual or all children collectively—must provide consent for the handling of the remains.

However, there is an alternative. A relatively new legal provision established by the Legislature allows for the appointment of a funeral representative. If an individual formally designates someone as their funeral representative, the consent of all next of kin of equal relationship is no longer required. The person named in the designation—regardless of whether they are a family member—has the legal authority to make decisions regarding the disposition of the remains.

If no formal designation of a funeral representative has been made, then all children or other relatives of equal degree must sign off before the body can be handled or donated for scientific purposes.