Who holds the ultimate decision-making authority in funeral arrangements under Nebraska law?

In Nebraska law, the ultimate decision-making authority in funeral arrangements is vested in the legal next of kin of the deceased. This is rooted in the principle that family members typically have the closest emotional ties and vested interest in directing how their loved ones are memorialized. The legal next of kin represents those individuals who are designated by law to make decisions when a person passes away, typically including spouses, adult children, parents, and siblings, depending on the family structure.

In situations where there is no advance directive or will that specifically outlines funeral wishes, it becomes even more critical for the next of kin to take the lead in making arrangements. This placement of authority ensures that the wishes and feelings of the deceased's close family members are honored in the funeral process.

While the funeral director plays an essential advisory and operational role in facilitating the arrangements, their authority is subordinate to that of the legal next of kin. Furthermore, a person's will may contain instructions regarding funeral preferences, but unless those instructions are legally binding and recognized, they do not override the authority of the next of kin. The Nebraska Funeral Board primarily oversees regulations and licensing but does not have direct authority over individual funeral decisions made for the deceased.