What is an adult dies whose biological parental rights were terminated, who has right to make final arrangements?

A person died and their bio parents are trying to make final arrangements but their rights were

terminated when she was a minor. Do the bio parents or legal guardian get to make final arrangements?

Asked on July 22, 2017 under Estate Planning, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the biological parents' parental rights were terminated, they have no right to make the final arrangements; in the eyes of the law, they are no longer legally that person's parents and have no rights or authority in this case (or over anything to do with that person). The legal guardian has the authority (assuming there is no  spouse of the decedent [person who died] who would have a better claim to the authority to do this), but could voluntarily choose to allow the biological parents to have some input.


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