Funerals Article 308

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Art. 308. No human remains shall be retained, interred, disposed of or exhumed without the consent of the persons mentioned in articles 294 and 305.

Art. 294. The claim for support, when proper and two or more persons are obliged to give it, shall be made in the following order:

(1) From the spouse;
(2) From the descendants of the nearest degree;
(3) From the ascendants, also of the nearest degree;
(4) From the brothers and sisters.

Art. 305. The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support, under Article 294. In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the paternal shall have a better right.

Note the words "in the order herein provided". Ask support first from your spouse before you ask support from your child, as clearly indicated in the above provision. If after asking support from one in the first or prior order and the support is still not enough and the one in such first or prior order could no longer give more, then go to the next giver of support in the order stated in the above article and so on, having in the mind the rule in Article 201 that the amount of support depends on the resources of the giver and the needs of the recipient.

1) Dispositions of the Remains

This article, does not concern itself with the funeral rights, but with the:

a) Retaining

b) Interring

c) Disposing

d) Exhuming

A person has the right to control the disposition of his/her own remains without the predeath or postdeath consent of another person. A valid wriiten document expressing the decedent's wishes regarding the place or method of disposition of his/her remains, signed by the decedents in the presence of a witness, is sufficient legal authorization for the procedures to be accomplished.