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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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