How to Get Others to Honor Your Funeral Plan

Funeral plan execution

Funeral plan creation should be followed by funeral plan execution. Understanding the types of funeral plans will improve the chances that your funeral plan is honored.

Legal funeral plan

Some states recognize funeral plans. There are legal directives which allow us to control our destiny if we are incapacitated, including Power of Attorney, Medical Power of Attorney, Living Will (health instructions which may include a Do-Not-Resuscitate. For a funeral plan, the legal directive is called a death care directive or funeral directive.

Only about half of the states recognize the legality of a funeral plan. Whether or not your state recognizes a funeral directive, create a funeral plan.

In a state that recognizes funeral directives, the obligation to adhere to a funeral directive may be void if it is impractical. For example, sufficient funds must exist to cover the plan.

Whether you have a funeral plan or funeral directive, have the document notarize. This will confirm that the document reflects your wishes.

Legal funeral representative

In addition to inquiring whether your state honors funeral directives, you may also want to know whether your state recognizes a designated representative or agent, a form of Power of Attorney for death care. This representative could make funeral decisions in the absence of formal funeral plan or could make decisions that the funeral plan does not address. You can name a designated representative in your plan.

If your state does not honor funeral directives, provide your plan to someone that you trust to execute your wishes. In states that do not recognize funeral plans, next-of-kin (as defined by the state) is permitted make decisions on the behalf of the decedent. This is particularly common when cremation is involved.

Steps:

  • Select an individual you trust to execute your funeral directive.
  • Get agreement from this individual to represent you.
  • Name this individual in your funeral directive as your representative.
  • Go through your funeral directive (and any pre-paid contract) with your representative

Access to your plan

Ensure that your funeral plan is readily accessible upon your death. Do not place it in your safety deposit box because some states will seal the deposit box upon death. (The box can be opened when probate of the estate begins.)  If you have designated an executor for your will, leave a copy with this individual. If not, provide a copy to one or more next-of-kin or friends. If you have selected a cemetery or memorial garden, you can also provide a copy to the administrator.

Resources

  • You can read about funeral directive legislation by state at Funeral Consumers Alliance.
  • You can also contact an estate planner or estate attorney in your state for guidance.

 

 

 

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Learn the Language

  • Coffin

    A shaped container for human remains – wider at the shoulders.