The Rights You Still Have After Death
One of the biggest misconceptions about death is that once you pass, you no longer have control. But the truth is, your wishes for your body still matter, and you have rights—even after death. Whether you're planning ahead for yourself or making decisions for a loved one, knowing these rights can help ensure dignity, respect, and personal choice.
The Right to Choose Your Final Disposition
Your body doesn’t just become the property of the state or your family after death. You have the right to decide what happens to your remains, and your legally documented wishes should be followed. Options include:
- Traditional burial (with or without embalming)
-Green or natural burial (eco-friendly, no embalming, biodegradable casket or shroud)
-Cremation (standard flame cremation or water cremation/"aquamation")
- Body donation (to medical schools, forensic research, or organ donation)
- Alternative options (human composting, sky burial, alkaline hydrolysis, or even being turned into a record!)
If you don’t specify your wishes, the decision typically falls to next of kin.
The Right to Refuse Embalming
Despite what funeral homes may suggest, embalming is not legally required in most cases. You have the right to opt out and choose refrigeration, dry ice, or eco-friendly preservation methods instead.
The Right to a Home Funeral
Yes, you can keep your loved one’s body at home for a vigil or private ceremony. Home funerals were once common and are still legal in most states (though some require a licensed funeral director to sign off on transport).
The Right to Choose a DIY or Green Burial
You don’t have to go the traditional funeral home route.
You have the right to:
- Be buried without a vault or coffin (in designated green cemeteries)
-Be buried on private land (laws vary by location)
-Have a biodegradable casket or shroud instead of a traditional coffin
The Right to Transport a Body Without a Funeral Home
In most states, families can legally transport a body themselves instead of hiring a funeral home. This can save money and allow for a more personal approach to after-death care.
The Right to Prepay & Preplan Your Funeral
If you don’t want your family guessing or arguing about your wishes, you can legally preplan and prepay for your arrangements. This includes choosing a funeral home, purchasing a burial plot, or even writing your own service details.
The Right to a Personalized Memorial
Your funeral doesn’t have to look like anyone else’s. You have the right to design a farewell that truly reflects who you are. Whether you want a joyful celebration or an intimate gathering, your wishes matter.
Some ideas:
A celebration of life instead of a somber funeral—think of it as a party in your honor, complete with laughter, storytelling, and your favorite activities.
A customized obituary (or even no obituary at all)—you can write it yourself, keep it short and sweet, or make it as unique as you want.
Specific music, readings, or rituals that reflect your beliefs and personality, from religious prayers to poetry, folk songs, or even a live band playing your favorite tunes.
A themed memorial—if you loved traveling, consider a “passport to memories” guest book. If you were an artist, a gallery of your work could be displayed.
A video or slideshow of your best moments, shared during the service or online for those who can’t attend.
A nontraditional venue—you’re not limited to a church or funeral home. Your memorial could be held at a beach, a park, a theater, or even your own backyard.
A toast or meal in your honor—skip the formal service and gather over food and drinks at your favorite restaurant or home.
A living tribute—ask guests to plant trees, donate to your favorite cause, or take part in an activity that meant something to you.
Personalized keepsakes—give guests something to remember you by, whether it’s a handwritten letter, a piece of artwork, or a playlist of songs you loved.
The Right to Avoid a Traditional Funeral Home
You are not required to use a funeral home. Family-led death care, direct cremation, and DIY memorials are all legal and possible in most states.
The Right to A Lower Cost Alternative
You don’t have to spend thousands of dollars on a casket, vault, or service if that’s not what you want. Your loved ones have the right to choose cost-effective options, such as:
-Cardboard or simple wood caskets instead of expensive ones
-Direct cremation (which skips embalming and viewings)
- Public or nonprofit cemeteries with lower fees
You Still Have a Say—Even After Death
Your body is still yours, even in death. By planning ahead and documenting your wishes, you ensure that your remains are handled with dignity, care, and respect.
If you need help planning your final wishes,I am here to guide you. Let’s make sure your choices are honored.