What is the legal consideration regarding embalming without consent?

Embalming without consent is considered unlawful because it infringes upon an individual's right to make informed decisions regarding their body and its handling after death. In most jurisdictions, including Arizona, the law mandates that funeral homes and directors must obtain permission from the next of kin or authorized representative to embalm a body. This process is not merely a formality; it respects the deceased's and family's wishes, cultural practices, and legal rights. When embalming is conducted without obtaining this consent, it can lead to legal repercussions for the funeral home, including liability for damages. Therefore, understanding the legal obligation to obtain consent is crucial for funeral directors and professionals in the field to ensure compliance with the law and respect for the deceased and their family.