Determining the Legal Representative for the Deceased
When a loved one dies, you might think that you need to immediately start planning the funeral. But you actually need to determine who legally represents the decedent. This is the next step after tending to the immediate needs of the body.
- The decedent may have pre-arranged a funeral through a funeral home. In this event, the funeral director will assume the role of the decedent’s legal representative. But the funeral home will require funding up front.
- The decedent may have appointed an agent, i.e. the equivalent of a Power-of-Attorney for death. Note that this differs from an estate executor, which must be approved by the court if probate is required.
- The decedent may have left documented instructions. In some states, a death care directive must be followed if at all possible. For example, the decedent must have left sufficient, accessible funds to execute the instructions. The decedent may also have signed an organ donation card.
- In the event that no pre-arrangement, agent or directive exist, the state’s laws will dictate who can make decisions on behalf of the decedent. The laws will be the state’s definition of “next-of-kin”. Ex. In Texas, the legal representative for an adult would be the spouse, then adult children, etc.
If the decedent left instructions, the legal representative serves as a proxy. Otherwise, the legal representative makes decisions for the decedent. The legal representative may be faced with an urgent request from the medical facility for an organ donation. The legal representative will also need to specify where the body should go for disposition – like a specific funeral home or crematory.
Lisa S.
July 27, 2010
|
|
. 
