According to Washington state law, after-death arrangements can only be handled by the following individuals, listed in legal order of priority. The legal next of kin has/have sole decision-making authority in the event the decedent did not document their wishes in writing themself.
Learn how you can document your funeral plans with PMA's Disposition Authorization form.
1. Designated Agent
This is a person you specifically empower to make your deathcare decisions. They can be any adult over age of 18 you trust, such as a roommate, best friend, caretaker, guardian, or friendly neighbor.
To designate this person, make sure you complete, sign and date a Designated Agent form. This form does not require notarization--only an impartial witness signature.
2. Surviving Spouse
You must be legally married to this person for the state to consider them your spouse or a state-registered domestic partner. If you are not legally married to your spouse, you should consider completing a Designated Agent form.
3. Majority of Adult Children
This includes your biological or legally adopted children over the age of 18. Note, a consensus must be reached by the majority of adult children. In the event of two children, both must agree.
4. Surviving Parents
Both of your living biological or legally adoptive parents must agree upon decisions regarding your care.
5. Majority of Adult Siblings
This includes your biological or legally adopted siblings over the age of 18. Note, a consensus must be reached by the majority of adult siblings. In the event of two siblings, both must agree.
6. Court-Appointed Guardian
If there is a court-appointed guardian at time of death.
7. Most Responsible Party
If a good faith effort has been made to determine no such living individuals above exist for the decedent, then the right may go to the most responsible party available over age 18. This may be willing adult who works with the funeral home.
To avoid confusion around who next of kin is, PMA has developed the Designated Agent form which allows you to designate any consenting adult to execute your end-of-life wishes.
How do I designate someone to administer my end-of-life wishes?
In 2011, PMA advocated amending RCW 68.50.160 to allow individuals to nominate a "designated agent" who may administer end-of-life arrangements. This important definition allows anyone--including non-blood relatives--to be authorized to oversee funerals and end-of-life arrangements through written consent.
Download the Designated Agent Planning Document with NOK Flowchart here.
