Can a funeral director transfer a deceased person, without legal consent? – The simple answer is NO!

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It is the responsibility of hospitals to put in place processes for the safe and correct release of bodies to funeral directors or relatives.

Before a body can be released by a hospital, the following arrangements should be followed by hospital staff:

  • The Medical Officer who takes responsibility for confirming the person’s death must determine that a coronial investigation is not required. If a coronal investigation is required, the body cannot be released.
  • The Senior Registered Nurse on duty in the ward where the death occurred is to be informed that the body is to be released directly to the relatives (or to a funeral director delegated, in writing, by the relatives). The Nurse should communicate with relatives to coordinate the collection of the body by the family or nominated funeral director. The funeral director, must provide written authorisation from the family for the collection of the body.
  • Once written authorisation from the family has been provided to for collection of the body, the transfer to the nominated funeral director can take place.

However, eziFunerals is aware aware of recent occasions where hospitals have agreed to release of a body to a funeral director without viewing and recording written authorisation from the family for collection of the body. This can cause unnecessary distress to the bereaved as the body has been taken to the funeral home without their consent and selection of a Funeral Director to conduct the funeral.

‘Funeral Director had no permission to transfer body’

In a recent case, a women called a funeral home to inquire about a funeral service but says she didn’t authorise the funeral home to take any further action. 

Following the initial call , the family contacted another funeral home. The family felt more comfortable with the way they treated by the other funeral home and immediately made arrangements for her mother and paid the bill.

Her uncle went to the hospital to pick up her mother’s personal possessions, including her purse, her wallet, her private correspondence, her clothing and her jewellery. It was then the family got a big shock.

He was told that the mother’s personal possessions were no longer there and that the mother’s body was no longer there either.

What you need to know!

The appointment or designation of a funeral director by the spouse or next of kin to claim a deceased body creates a trust relationship with the funeral director acting with the consent of and at the direction of the legally entitled person or persons having custody of the body.

The funeral director must be given specific authority to a hospital to claim the dead body by one who is legally entitled to its custody.

Funeral directors need to get the spouse or next of kin to sign a consent or release form authorising the hospital to release a dead body to the funeral home.

Once the properly executed document (hospital release form, power of attorney, etc.) and the execution of such document has been acknowledged or verified, the document should be accepted and acted upon by the private or public hospital.

Subsequently, if it is found that the document was not authorised and consent not given by the person or persons legally entitled to the body, the appropriate legal action could be taken against the funeral director.

About eziFunerals

eziFuneralssupports individuals and families cope with end of life decisions, death and funerals. We are an independent, Australian-owned and operated company. We are not part of any other funeral company.

Our member Funeral Directors operate in Sydney, Melbourne, Brisbane, Perth, Adelaide and Australia wide. They are chosen for their knowledge, quality, service, personalisation and experience. They go above and beyond, and will take the time to support the family.

For more information on or to make contact with a trusted Independent Funeral Advisor, call eziFunerals on 1300 236 402 or visit www.ezifunerals.com.au

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Peter

Peter Erceg is the Founder and Owner of eziFunerals — Australia’s Independent Funeral Planning Authority. With more than 40 years of experience in government and public health, Peter has become one of the country’s leading voices on funeral transparency, consumer rights, and ethical funeral practices. Through eziFunerals, Peter has built a national platform that empowers Australian families to make informed end-of-life decisions — free from pressure, commissions, and confusion. His goal is simple: "to help every Australian plan smarter, save money, and choose funeral services with confidence." 🕊 eziFunerals was founded by Peter in 2011, as an independent funeral comparison and planning platform that allows consumers to: • Compare local funeral directors and transparent quotes, • Understand real funeral costs across Australia, and • Connect with trusted, independent funeral homes that uphold the Fair Funeral Promise. As Australia’s Independent Funeral Planning Authority, eziFunerals is recognised by media, consumers, and funeral professionals for its leadership in price transparency and consumer protection. “We believe every family deserves a fair, dignified, and affordable farewell — without hidden fees or sales pressure.” 📘 Peter is the author of What Kind of Funeral: A Self-Help Guide to Planning a Meaningful Funeral, a practical guide that has helped thousands of Australians understand their options and avoid unnecessary costs. He regularly contributes articles and commentary on: • Funeral cost transparency and industry reform, • Prepaid funerals and consumer protection, • Emerging trends in eco-friendly and digital memorials, and • The role of AI and technology in end-of-life planning. 🎙 Peter and eziFunerals have been featured in major Australian media outlets including ABC News. His insights continue to shape the national conversation on funeral costs, consumer rights, and ethical practices in the funeral industry. ⚖️ Disclaimer: The views and opinions expressed by Peter Erceg are his own and do not necessarily reflect those of eziFunerals or its members. The information provided on this site is general in nature and should not be taken as personal, legal, or financial advice. Consumers are encouraged to conduct their own research and compare funeral services that best meet their needs and circumstances.