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Guardianship Services

DIVISION OF GUARDIANSHIP-Cremations               DAIL-FID-18


Effective Date:  July 16, 2020                                     Page 1 of 1


Policy Statement:

The Department shall act in the best interest of an individual under guardianship to preserve dignity and respect upon death.  Upon the death of a person under guardianship when there is no known family or person to make decisions on the disposition of the individuals remains the Division of Finance and Administration / Fiduciary Management Branch will provide consent for the disposition.



Legal Authority:  KRS 367.93117



  1. The disposition of a decedent's body, make arrangements for funeral services, make arrangements for burial or cremation, and to make other ceremonial arrangements after an individual's death devolves on the following in the priority listed:
    1. The decedent through a preneed cremation authorization;
    2. The surviving spouse of the decedent;
    3. The surviving adult children of the decedent;
    4. The surviving parents of the decedent;
    5. The surviving adult grandchildren of the decedent;
    6. The surviving adult siblings of the decedent;
    7. A next closest adult relative of the decedent;
    8. A court appointed guardian or conservator for the descendent at the time of death; or
    9. In the absence of any of the above, by order of District Court.


  2. Consent for cremation, by the Guardianship worker for the purposes of DAIL shall be the Fiduciary Management Branch Manager or designee who shall be permitted only if:
    1. The decedent has not expressed an objection to cremation to the guardian or conservator prior to death; and
    2. The decedent arranged a preneed policy in effect that is limited to:
      1. The cost of cremation; or
      2. The decedent lacked sufficient funds at the time of death to pay for a full burial.


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