LAW OF THE DEAD - DISPOSITION OF REMAINS

Who controls where and how you will be buried, cremated, etc.? How would you make sure that your wishes were followed? Your spouse wants you to be created, your son wants you to be buried, your daughter agrees with burial but not the cemetery your son wants, etc. And now that you have passed away, your family is falling apart and threatening litigation because no one agrees as to how, where, when the remains of Dad or Mom are to be laid to rest.

In addition to making pre-paid funeral plans, allow me to introduce you to Public Health Law ⸹ 4201 which provides that a funeral home, cemetery must follow the directions of certain individuals or entities in a priority order. The first priority is given to, at PHL 4201 (2) (a) (i), the person designated in a written instrument executed pursuant to the provisions of this section. And at PHL 4201 (3), the statute provides:

"3. The written instrument referred to in paragraph (a) of subdivision two of this section may be in substantially the following form, and must be signed and dated by the decedent and the agent and properly witnessed:

   APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS 

I, _____________________________________________________________________

   (Your name and address) 

being of sound mind, willfully and voluntarily make known my desire that, upon my death, the disposition of my remains shall be controlled by ___________________________________________________________________ . 

   (name of agent) 

With respect to that subject only, I hereby appoint such person as my agent with respect to the disposition of my remains. 

SPECIAL DIRECTIONS: Set forth below are any special directions limiting the power granted to my agent as well as any instructions or wishes desired to be followed in the disposition of my remains: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

  Indicate below if you have entered into a pre-funded pre-need agreement subject to section four hundred fifty-three of the general business law for funeral merchandise or service in advance of need:

  [] No, I have not entered into a pre-funded pre-need agreement subject to section four hundred fifty-three of the general business law.

  [] Yes, I have entered into a pre-funded pre-need agreement subject to section four hundred fifty-three of the general business law. ________________________________________________________________________ 

 (Name of funeral firm with which you entered into a pre-funded pre-need funeral agreement to provide merchandise and/or services) 

AGENT: Name: __________________________________________________________________ Address: _______________________________________________________________ 

Telephone Number: ______________________________________________________ 

SUCCESSORS:

  If my agent dies, resigns, or is unable to act, I hereby appoint the following persons (each to act alone and successively, in the order named) to serve as my agent to control the disposition of my remains as authorized by this document: 

1. First Successor 

Name: __________________________________________________________________ 

Address: _______________________________________________________________ 

Telephone Number: ______________________________________________________ 

2. Second Successor 

Name: __________________________________________________________________ 

 Address: _______________________________________________________________ 

 Telephone Number: ______________________________________________________ 

DURATION: This appointment becomes effective upon my death. 

PRIOR APPOINTMENT REVOKED:

  I hereby revoke any prior appointment of any person to control the disposition of my remains. 

Signed this day of , . ________________________________________________________________________ 

 (Signature of person making the appointment) 

Statement by witness (must be 18 or older) I declare that the person who executed this document is personally known to me and appears to be of sound mind and acting of his or her free will. He or she signed (or asked another to sign for him or her) this document in my presence. 

Witness 1: __________________

   (signature) Address: _________________ 

Witness 2: _________________

   (signature) Address: _________________ 

ACCEPTANCE AND ASSUMPTION BY AGENT:

  1. I have no reason to believe there has been a revocation of this appointment to control disposition of remains.

  2. I hereby accept this appointment.

  Signed this day of , .

  _______________________

  (Signature of agent)"