Are purchasers entitled to make decisions for the recipient?

Purchasers are entitled to make decisions for the recipient because, in the context of funeral services, the purchaser typically holds the financial responsibility and contractual rights regarding the arrangements. This legal right to make decisions usually stems from their role as the maker of the arrangements, which often includes options like selecting the type of service, choosing burial or cremation, and other related decisions.

In many jurisdictions, including Ontario, the individual who purchases the funeral services is recognized by law as having the authority to make these decisions, regardless of whether the recipient is able to express their wishes directly. The understanding is that the purchaser acts in the best interest of the recipient, utilizing any known preferences or instructions to guide their choices.

Options that limit decision-making rights, such as requiring the recipient’s consent or only allowing decisions in cases of incapacitation, fail to account for the legal responsibilities and rights that the purchaser holds in managing the arrangements. Thus, recognizing the entitlement of the purchaser to make these decisions aligns with established practices in funeral service law and helps ensure that the necessary arrangements can be carried out efficiently and according to the wishes of those involved.