So I've heard of directives that a person can use in order to allow specific people to decide on medical care/funeral arrangements that aren't legally family or maybe distant family that wouldn't get first choice if closer family exists. But how about the opposite, I mean if I have a character that didn't want specific bigoted family members involved, can those people be barred from making decisions?
I'm pretty sure you have to explicitly name someone as power of attorney, otherwise the law tends to favour the next of kin. Ask A Mortician has some information on this matter in the video below. (It has CC, and I’ve tried to embed it so it starts at the relevant parts.)
Also, does this family want to be involved, and have the means to do so? Because that plays a part too. There are some cases where people are no-contact with their family, and their family cannot be found for whatever reason (full legal name change, moving out of the legal jurisdiction, etc). There's a kind of legal hierarchy when it comes to this sort of stuff.
In these cases I’d have characters establish their advanced directives* with the collaboration of a lawyer in advance, possibly even with a funeral home if possible. (You can pre-pay for funerary packages these days to ensure that when the time comes, your funeral is covered financially.) Having a lawyer in place to help will ensure that any family that wants to be involved but isn’t desired to be will be given the treatment with the wishes of the deceased in mind.
Another thing to keep in mind is that loved ones of a deceased trans person may end up feeling the need to reach out to family in order to help them in funerary protocols. Someone who is made the power of attorney may feel morally obligated to at least let the bio family know of the death. This is also part of why these things need to be sorted in advance.
If someone hasn’t made it clear while they are alive who they want to have power of attorney (to make decisions), it will be legally left to next of kin. There also isn’t much leeway if the deceased didn’t get these desires in writing prior to death in a way that is dated and provable to them. (Like with a signature, potentially a notary as witness to the signature.)
If there’s nothing in writing, but the family doesn’t want to be involved, but someone else does, then the someone else will likely handle it. These things tend to be informal agreements until someone goes to court to fight it, which seldom gets to happen in time for the funeral. In which case, court would be the way the inheritance and so on gets handled, but the funeral will be at the discretion of the funeral home. (Which has likely experienced discrepancies between legal vs reality next-of-kin before. So they will likely be siding with the legal precedent to avoid getting sued themselves.)
But pretty much in all of these cases, what needs to be done is choosing a priority person instead to handle it. Otherwise it just goes to next of kin, unfortunately. There are some programs that will help out with death logistics though.
- mod nat
*Advanced directives are plans regarding end of life care and death that are made by a living person in advance of these decisions needing to be made. Things like choices of cremation, inheritance, etc.












