{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-2807.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-2807.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-2807.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-2807.02.html"}],"law_id":75008,"edition_id":1,"section_id":75008,"structure_id":14000,"section_number":"54.1-2807.02","catch_line":"Absence of next of kin","history":"2014, c. 355.","full_text":"In the absence of a next of kin, a person designated to make arrangements for the decedent’s burial or the disposition of his remains pursuant to \u00a7 54.1-2825, an agent named in an advance directive pursuant to \u00a7 54.1-2984, or any guardian appointed pursuant to Chapter 20 (\u00a7 64.2-2000 et seq.) of Title 64.2 who may exercise the powers conferred in the order of appointment or by \u00a7 64.2-2019, or upon the failure or refusal of such next of kin, designated person, agent, or guardian to accept responsibility for the disposition of the decedent, then any other person 18 years of age or older who is able to provide positive identification of the deceased and is willing to pay for the costs associated with the disposition of the decedent’s remains shall be authorized to make arrangements for such disposition of the decedent’s remains. If a funeral service establishment or funeral service licensee makes arrangements with a person other than a next of kin, designated person, agent, or guardian in accordance with this section, then the funeral service licensee or funeral service establishment shall be immune from civil liability unless such act, decision, or omission resulted from bad faith or malicious intent.","order_by":null,"text":{"0":{"id":269434,"text":"In the absence of a next of kin, a person designated to make arrangements for the decedent’s burial or the disposition of his remains pursuant to \u00a7 54.1-2825, an agent named in an advance directive pursuant to \u00a7 54.1-2984, or any guardian appointed pursuant to Chapter 20 (\u00a7 64.2-2000 et seq.) of Title 64.2 who may exercise the powers conferred in the order of appointment or by \u00a7 64.2-2019, or upon the failure or refusal of such next of kin, designated person, agent, or guardian to accept responsibility for the disposition of the decedent, then any other person 18 years of age or older who is able to provide positive identification of the deceased and is willing to pay for the costs associated with the disposition of the decedent’s remains shall be authorized to make arrangements for such disposition of the decedent’s remains. If a funeral service establishment or funeral service licensee makes arrangements with a person other than a next of kin, designated person, agent, or guardian in accordance with this section, then the funeral service licensee or funeral service establishment shall be immune from civil liability unless such act, decision, or omission resulted from bad faith or malicious intent.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14000,"edition_id":1,"name":"Board of Funeral Directors and Embalmers","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13923,"metadata":{},"date_created":"2026-06-26 03:46:34","date_modified":"2026-06-26 03:46:34","permalink":{"id":241755,"object_type":"structure","relational_id":14000,"identifier":"1","token":"54.1\/III\/28\/1","url":"\/54.1\/III\/28\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13923,"edition_id":1,"name":"Funeral Services","identifier":"28","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:46:19","date_modified":"2026-06-26 03:46:19","permalink":{"id":241753,"object_type":"structure","relational_id":13923,"identifier":"28","token":"54.1\/III\/28","url":"\/54.1\/III\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76263,"structure_id":14000,"section_number":"54.1-2800","catch_line":"Definitions","url":"\/54.1-2800\/","token":"54.1\/III\/28\/1\/54.1-2800","metadata":false},{"id":56302,"structure_id":14000,"section_number":"54.1-2801","catch_line":"Exemptions","url":"\/54.1-2801\/","token":"54.1\/III\/28\/1\/54.1-2801","metadata":false},{"id":60746,"structure_id":14000,"section_number":"54.1-2802","catch_line":"Board; appointment; terms; vacancies; meetings; quorum","url":"\/54.1-2802\/","token":"54.1\/III\/28\/1\/54.1-2802","metadata":false},{"id":73998,"structure_id":14000,"section_number":"54.1-2803","catch_line":"Specific powers and duties of Board","url":"\/54.1-2803\/","token":"54.1\/III\/28\/1\/54.1-2803","metadata":false},{"id":64045,"structure_id":14000,"section_number":"54.1-2804","catch_line":"Licensing authority","url":"\/54.1-2804\/","token":"54.1\/III\/28\/1\/54.1-2804","metadata":false},{"id":84677,"structure_id":14000,"section_number":"54.1-2805","catch_line":"Engaging in the practice of funeral services or the business of preneed funeral planning or acting as a funeral director or embalmer without a license","url":"\/54.1-2805\/","token":"54.1\/III\/28\/1\/54.1-2805","metadata":false},{"id":65511,"structure_id":14000,"section_number":"54.1-2806","catch_line":"Refusal, suspension, or revocation of license, registration, or courtesy card","url":"\/54.1-2806\/","token":"54.1\/III\/28\/1\/54.1-2806","metadata":false},{"id":73758,"structure_id":14000,"section_number":"54.1-2807","catch_line":"Other prohibited activities","url":"\/54.1-2807\/","token":"54.1\/III\/28\/1\/54.1-2807","metadata":false},{"id":57356,"structure_id":14000,"section_number":"54.1-2807.01","catch_line":"When next of kin disagree","url":"\/54.1-2807.01\/","token":"54.1\/III\/28\/1\/54.1-2807.01","metadata":false},{"id":75008,"structure_id":14000,"section_number":"54.1-2807.02","catch_line":"Absence of next of kin","url":"\/54.1-2807.02\/","token":"54.1\/III\/28\/1\/54.1-2807.02","metadata":false},{"id":79482,"structure_id":14000,"section_number":"54.1-2807.03","catch_line":"Proof of next of kin status","url":"\/54.1-2807.03\/","token":"54.1\/III\/28\/1\/54.1-2807.03","metadata":false},{"id":72647,"structure_id":14000,"section_number":"54.1-2807.1","catch_line":"Confidentiality of information on infectious diseases","url":"\/54.1-2807.1\/","token":"54.1\/III\/28\/1\/54.1-2807.1","metadata":false},{"id":55082,"structure_id":14000,"section_number":"54.1-2808","catch_line":"Repealed","url":"\/54.1-2808\/","token":"54.1\/III\/28\/1\/54.1-2808","metadata":false},{"id":79091,"structure_id":14000,"section_number":"54.1-2808.1","catch_line":"Disposition of cremains","url":"\/54.1-2808.1\/","token":"54.1\/III\/28\/1\/54.1-2808.1","metadata":false},{"id":59456,"structure_id":14000,"section_number":"54.1-2808.2","catch_line":"Identification of unclaimed cremains of veterans and eligible dependents","url":"\/54.1-2808.2\/","token":"54.1\/III\/28\/1\/54.1-2808.2","metadata":false},{"id":74092,"structure_id":14000,"section_number":"54.1-2808.3","catch_line":"Acceptance of third-party-provided caskets","url":"\/54.1-2808.3\/","token":"54.1\/III\/28\/1\/54.1-2808.3","metadata":false},{"id":81802,"structure_id":14000,"section_number":"54.1-2809","catch_line":"Penalties","url":"\/54.1-2809\/","token":"54.1\/III\/28\/1\/54.1-2809","metadata":false}],"previous_section":{"id":57356,"structure_id":14000,"section_number":"54.1-2807.01","catch_line":"When next of kin disagree","url":"\/54.1-2807.01\/","token":"54.1\/III\/28\/1\/54.1-2807.01","metadata":false},"next_section":{"id":79482,"structure_id":14000,"section_number":"54.1-2807.03","catch_line":"Proof of next of kin status","url":"\/54.1-2807.03\/","token":"54.1\/III\/28\/1\/54.1-2807.03","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-2807.02\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapter 355<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":57356,"section_number":"54.1-2807.01","catch_line":"When next of kin disagree","order_by":null,"url":"\/54.1-2807.01\/"}],"refers_to":[{"id":84076,"section_number":"54.1-2825","catch_line":"Person to make arrangements for funeral and disposition of remains","order_by":null,"url":"\/54.1-2825\/"},{"id":62832,"section_number":"54.1-2984","catch_line":"Suggested form of written advance directives","order_by":null,"url":"\/54.1-2984\/"},{"id":65465,"section_number":"64.2-2000","catch_line":"Definitions","order_by":null,"url":"\/64.2-2000\/"},{"id":54266,"section_number":"64.2-2019","catch_line":"Duties and powers of guardian","order_by":null,"url":"\/64.2-2019\/"}],"permalink":{"id":241793,"object_type":"law","relational_id":75008,"identifier":"54.1-2807.02","token":"54.1\/III\/28\/1\/54.1-2807.02","url":"\/54.1-2807.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-2807.02\/","token":"54.1\/III\/28\/1\/54.1-2807.02","dublin_core":{"Title":"Absence of next of kin","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-2807.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In the absence of a next of kin<\/span>, a person designated to make arrangements for the decedent’s burial or the disposition<\/span> of his remains pursuant to \u00a7 54.1-2825<\/a>, an agent named in an advance directive pursuant to \u00a7 54.1-2984<\/a>, or any guardian appointed pursuant to Chapter 20 (\u00a7 64.2-2000<\/a> et seq.) of Title 64.2 who may exercise the powers conferred in the order<\/span> of appointment or by \u00a7 64.2-2019<\/a>, or upon the failure or refusal of such next of kin<\/span>, designated person, agent, or guardian to accept responsibility for the disposition<\/span> of the decedent, then any other person 18 years of age or older who is able to provide positive identification of the deceased and is willing to pay for the costs associated with the disposition<\/span> of the decedent’s remains shall be authorized to make arrangements for such disposition<\/span> of the decedent’s remains. If a funeral service establishment<\/span> or funeral service licensee<\/span> makes arrangements with a person other than a next of kin<\/span>, designated person, agent, or guardian in accordance with this section, then the funeral service licensee<\/span> or funeral service establishment<\/span> shall be immune from civil liability unless such act, decision, or omission resulted from bad faith or malicious<\/span> intent<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nABSENCE OF NEXT OF KIN (\u00a7 54.1-2807.02)\n\nIn the absence of a next of kin, a person designated to make arrangements for\nthe decedent’s burial or the disposition of his remains pursuant to \u00a7\n54.1-2825, an agent named in an advance directive pursuant to \u00a7 54.1-2984, or\nany guardian appointed pursuant to Chapter 20 (\u00a7 64.2-2000 et seq.) of Title\n64.2 who may exercise the powers conferred in the order of appointment or by \u00a7\n64.2-2019, or upon the failure or refusal of such next of kin, designated\nperson, agent, or guardian to accept responsibility for the disposition of the\ndecedent, then any other person 18 years of age or older who is able to provide\npositive identification of the deceased and is willing to pay for the costs\nassociated with the disposition of the decedent’s remains shall be\nauthorized to make arrangements for such disposition of the decedent’s\nremains. If a funeral service establishment or funeral service licensee makes\narrangements with a person other than a next of kin, designated person, agent,\nor guardian in accordance with this section, then the funeral service licensee\nor funeral service establishment shall be immune from civil liability unless\nsuch act, decision, or omission resulted from bad faith or malicious intent.\n\nHISTORY: 2014, c. 355.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}