Tibor Tivadar Horvath's daughter has refused to permit Maroondah Hospital in Ringwood to launch his physique to a funeral house, inserting hospital workers in danger.
Mary Bruinink has claimed in courtroom, with no proof, that the hospital desires to destroy her father's stays to keep away from additional investigation into his demise.
Jap Well being, which operates the hospital, efficiently utilized to Victoria's Supreme Courtroom for pressing orders to have the physique eliminated.
Horvath died from pure causes in January 2021, succumbing to aspiration pneumonia after struggling congestive coronary heart failure and Alzheimer's illness.
His daughter, who is called as executor on his will, requested the Coroners Courtroom to research his demise, nonetheless it declined because it was not a reportable demise.
She unsuccessfully appealed this resolution, after which informed the hospital she was looking for an unbiased post-mortem.
Up to now this has not been organized.
Horvath's stays are being held within the hospital's small mortuary, which solely has house for 4 our bodies and isn't arrange for long-term storage or preservation.
The hospital bought a coffin in August this 12 months, to scale back the well being threat to workers and defend the person's dignity.
The next month, the hospital contacted the girl and provided to pay funeral prices, however she rejected these makes an attempt.
She has alleged her father didn't die on January 10, as acknowledged in his demise certificates, and claimed the hospital denied her the suitable to advocate for him, the courtroom heard.
She additional alleged the hospital was "decided to destroy" his physique to forestall additional investigation and feared the physique within the coffin might not be her father's.
Justice Rita Incerti discovered there was no proof to again up any claims of wrongdoing towards the hospital.
She ordered the hospital organize for the physique to be urgently taken to a funeral house.
"The individual with the suitable to rearrange the burial or cremation of the deceased's physique, has proven by her conduct that she is unwilling or unable to make correct funeral preparations," she stated, in a call printed on Wednesday.
"In these circumstances, the hospital is the correct get together to rearrange the disposition of the deceased's physique on the premise that the deceased died within the hospital.
"Given the time that has already elapsed for the reason that demise and the impression on the hospital having to retailer the physique, it's crucial that the deceased's physique be delivered instantly to a funeral house."
The justice ordered the person's physique should be cremated no later than December 23.