Trying to ban me from viewing/funeral

[justalayman]

...

The family can request that the funeral (in a church) be kept private. Yes, a person can be banned from the church by NOT being on the invite list. My X was told not to attend. Unless **I** granted permission (daughter vs. granddaughter rights), I was prevailing on this.

And if you create a scene at a church, the police can haul you away too.

as I had stated, I had never seen a church restrict the attendees to a funeral service but since a church is private property, I can see where it would be possible. I did accept such in a prior post.

 

[>Charlotte<]

According to Ohio 2108.81 Right of disposition—no declaration of assignment

(A) If either of the following is true, division (B) of this section shall apply:

(1) An adult has not executed a written declaration pursuant to sections 2108.70 to 2108.73 of the Revised Code that remains in force at the time of the adult’s death.

(2) Each person to whom the right of disposition has been assigned or reassigned pursuant to a written declaration is disqualified from exercising the right as described in section 2108.75 of the Revised Code.

(B) Subject to division (A) of this section and sections 2108.75 and 2108.79 of the Revised Code, the right of disposition is assigned to the following persons, if mentally competent adults who can be located with reasonable effort, in the order of priority stated:

(1) The deceased person’s surviving spouse;

(2) The sole surviving child of the deceased person or, if there is more than one surviving child, all of the surviving children, collectively.

And elsewhere in the statutes, the “Right to Disposition” is defined as:

(1) The right to direct the disposition, after death, of the declarant’s body or any part of the declarant’s body that becomes separated from the body before death. This right includes the right to determine the location, manner, and conditions of the disposition of the declarant’s bodily remains.

(2) The right to make arrangements and purchase goods and services for the declarant’s funeral. This right includes the right to determine the location, manner, and condition of the declarant’s funeral.

 

[justalayman]

Not sure what side of the fence you are on here clt747 but;

your post supports the fact that there is a defined order of controllers BUT in my discussion, I am not bound by that because to follow that line of control, the person will have to pay for their desires or be able to bind the estates finances to the contract as well. If they refuse to, then the payer is going to enter into a contract with the funeral home and the funeral home is bound by that contract.

If the home discovers that a person with statutorily allowed control desires to enter into a contract with them, or some other home to dispose of the decedent, obviously that contract would override the first contract and cause it to be voided but if those given control by statute fail to claim their control (which means they are going to have to become financially liable or have the ability to bind the estate financially to the contract), they cannot control anothers contract.

and apparently, in Ohio, the person that may have the right is time limited in claiming that right:

ORS 2108.75
(4) The person refuses to exercise the right within two days after notification of the declarant's death.

and from ORS 2108.81 Statutory right of disposition in absence of valid declaration or qualified representative.

(8) Any other person willing to assume the right of disposition, including the personal representative of the deceased person's estate or the licensed funeral director with custody of the deceased person's body, after attesting in writing that a good faith effort has been made to locate the persons in divisions (B)(1) to (7) of this section.

bottom line is funeral homes are businesses and they do not do things unless people pay for them. By entering into a contract with a person, they become bound by that contract. If part of my contract is to be able to control who is allowed to enter the home during my rental time, the home is bound to follow that clause lest they be in breach of contract.

the right of disposition is going to come down to whomever is going to pay for things starting with offering the opportunity to do so with the top of the list of allowed controllers and going down the list until somebody acccepts liability for the costs. Money will rule in the end.

 

[>Charlotte<]

Not sure what side of the fence you are on here clt747

Neither side of the fence. Just trying to help provide the answer for OP, and that seemed to be the appropriate statute.

 

[TinkerBelleLuvr]

as I had stated, I had never seen a church restrict the attendees to a funeral service but since a church is private property, I can see where it would be possible. I did accept such in a prior post.

This one came for a police officer who doesn't live far from your neck of the woods. Had my X threatening all sorts of ill mannered behaviour. Key was that the funeral was not a regularly scheduled service - but was being paid for by ME. My check determined who was allowed to attend since I hired the church to perform a service.

So, in the case of this OP - since there were direct decendents (children) - yes, they could choose to exclude people from the funeral.

 

[justalayman]

This one came for a police officer who doesn't live far from your neck of the woods. Had my X threatening all sorts of ill mannered behaviour. Key was that the funeral was not a regularly scheduled service - but was being paid for by ME. My check determined who was allowed to attend since I hired the church to perform a service.

So, in the case of this OP - since there were direct decendents (children) - yes, they could choose to exclude people from the funeral.

Yes, they could exclude if they were paying for the services, which seems to be the case.

My discussion with aanubis was concerning what could happen if those allowed to claim control failed to do so. I do understand that statutes can allow particular persons to express control if they should desire. Once they relinquish control, the financier of whatever is happening does have control of the situation based upon whatever contract there is between them and the provider of the services.

BTW; a church can exclude a person from a regularly scheduled service as well. It is private property and the church can control as they see fit. In your case, considering the threats, I see it as totally appropriate regardless of who was the force behind the limitation.