Full question:
If you live in the state of new york, how do you designate a funeral agent to follow your funeral wishes. If it is a health care Power of Attorney form, how would you add language to designate a funeral agent. If you don't designate a funeral agent; who, by law, has the right to decide what to do with your body? If a family does not agree on what to do with the body, what happens?
- Category: Wills and Estates
- Date:
- State: California
Answer:
A will often specifies last wishes and funeral instructions. If there is a pre-need funeral services contract with a funeral establishment, that will govern, even over the wishes of next of kin, unless a judge orders to the contrary. If there is no pre-need funeral services contract, the wishes of the decedent, which have been set forth in any written document signed by the deceased person in the presence of a witness, shall govern.
If you do not make any arrangements beforehand, and if there is nothing in writing to show what you want to happen, your spouse, your surviving children, your surviving parents, or your siblings, in that order, have the right to make funeral arrangements. If you do not have a pre-need funeral contract, we suggest that you set forth your wishes in writing, have someone (not necessarily a notary public) witness your signature, and distribute copies to family members, your lawyer, and a close friend, as well as specifying the instructions in your will.
USLegalforms will forms allow for specifying burial instructions and may be modified to add any further instructions regarding funeral rites. We can assist you with searching to locate forms or we can draft add forms you may need to our database. However, we cannot advise you to use one particular form over another that address the same matter. We can show you what is available. You can take a look at the forms below and see if they fit your need. If they do not, let me know and we may be able to add a form for your need. You may order a form or package by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
