where to include your cremation wishes in the will or power of attorney

(1) An individual at least 18 years of age may authorize the cremation and disposition of the individual’s own dead body in a written will, pursuant to health care power of attorney to the extent provided in Article 3 of Chapter 32 of the General Statues, pursuant to a preneed funeral contract executed pursuant to Article 13D of Chapter 90 of the General Statutes, pursuant to a cremation authorization form executed pursuant to Article 13F of Chapter 90 of the General Statutes, or in a written statement signed by the individual and witnessed by two persons who are at least 18 years old.

Full Answer

Do you have to put cremation in a will?

Some states recognize your authorization for cremation in a will or living trust. However, these documents are not accessible until after your death and, in many states, upon your death. Your closest relative, next of kin, or power of attorney for health care will be the one to make the final disposition decisions.

How do I talk to my family about my cremation plans?

It's a good idea to talk about your wishes for cremation with family and friends as early as possible. Think about leaving a written plan with loved ones or including your wishes in a legal document.

How do I ensure my cremation is safe for the environment?

These can include ensuring that your chosen crematorium will remove any foreign objects, such as amalgam dental fillings or other metal parts, the incineration of which release mercury into the environment (not all crematoriums offer this service, so be sure to ask beforehand).

What should I do with my cremation ashes?

Cremation ashes can be scattered, buried, or kept. If you have a preference, make sure your family and friends are informed so it will be followed.

Should I put my funeral wishes in my will?

After all, your will is a legally binding documents, so, unless the instructions include something illegal, you know they'll be followed and your funeral will look just the way you planned. While you can put your funeral instructions in a will if you desire, experts actually suggest that you don't do so.

How do you say you want to be cremated in your will?

The following will clauses can be added to your own collection as further options where a client expresses a desire to be cremated at death. I hereby direct that my body be cremated and that my ashes be disposed of in such manner as my executor or executors shall, in their discretion, deem appropriate.

How do you document your final wishes?

Items to Include in a Letter of Last InstructionA List of Personal Contacts. ... A List of Business and Financial Contacts. ... The Location of Legal Forms and Documents. ... Usernames and Passwords. ... Information About Outstanding Debts. ... A List of Beneficiaries. ... Instructions for Pets. ... Memorial Service and Funeral Plans.

How do you leave funeral instructions?

One good way to leave your funeral instructions is to draft a simple letter of last instructions or wishes. You can give a copy to several people, including your executor, close friends and immediate family. This way, several people will have access to your last instructions and use your letter before your funeral.

Are wishes in a will legally binding?

A letter of wishes is a document drawn up to accompany your will. However, unlike your will, a letter of wishes is not legally binding, instead, it provides guidance to the individuals dealing with your estate and/or any trusts after your death.

How do I tell my family I want to be cremated?

When you and your family actually sit down to discuss cremation, you should start by telling them point-blank that you want to be cremated. You should then talk to them about all the different reasons why you want to be cremated as opposed to buried.

What is an example of a will statement?

I declare that I am in good health and possess a sound mind. This Will is made by me without any persuasion or coercion and out of my own independent decision only. I appoint Shri………………….. Son/daughter of ……………, resident of …………. to be the executor of this Will.

What are four things to share in a letter of last instruction?

Preparing a Letter of Last Instructions Instructions about the funeral, memorial service, and preferred disposition of the body. Your loved one should also include any specific instructions for clergy and funeral directors. Location of his or her will. Names of friends and relatives who should be informed of the death.

What is the end of life document called?

End-of-life documents, or advance directives, help ensure your healthcare wishes are carried out as you near death and after you die. They're also used if you're incapacitated, meaning you are unable to tend to matters regarding your own well-being (e.g., in a coma).

What is a list of wishes in a will?

A letter of wishes is a document which is not legally-binding, but it accompanies your Will. This can be used as a guide for your executors and trustees to ensure that they are aware of your personal wishes. The Letter of Wishes can also be known as an Expression of Wishes, Letter of Last Wishes or Statement of Wishes.

What are the last wishes?

Your last wishes are your requests for what you want done after you die, generally regarding funeral or memorial arrangements and final disposition. A last wishes document is how you can tell your loved ones what you want done after you die, from a cremation service to a funeral at a Funeral Homes in Fulton, IL.

What is a letter of last instruction?

A letter of last instruction is an organized way for you to give your family all the facts about your finances—and have a basic tool for your own money management. A letter isn't a will or a substitute for one. A will is a legal document telling an executor how to dis- pose of property and personal effects.

How do I write an authorization letter for cremation?

I/We, the undersigned, certify, warrant and represent that I/we have the full legal right and authority to, and permission from any and all other relatives, guardians or conservators to authorize the cremation, processing and disposition of the remains of (hereinafter referred to as the “deceased”), further no one else ...

What do you say cremation?

These words are like a balm you can use to soothe yourself.I Love You. If you are very close to the survivors, it's a good idea to say “I love you.” These words are almost always soothing. ... I'm Here. Your presence means a lot to people during hard times. ... A Shared Memory. ... I'm Listening. ... A Eulogy.

What words are said during the committal prayer?

In sure and certain hope of the resurrection to eternal life through our Lord Jesus Christ, we commend to Almighty God our brother/sister name, and we commit his/her body to the ground/its resting place…..

What are the words of committal at a funeral?

"Would you please stand for the committal". To everything there is a season and a time to every purpose on earth, a time to be born and a time to die. Here in this last act, in sorrow but without fear, in love and appreciation, we commit (deceased's name) to it's natural end.

Do human remains deserve to be respected?

In sum, human remains deserve to be accorded due respect in perpetuity. As an estates lawyer, you should bring these issues to the attention of a client who wishes that the ashes be given to a family member (s).

Can you add a will clause to your own collection?

The following will clauses can be added to your own collection as further options where a client expresses a desire to be cremated at death.

Can ashes be interred?

Disposition of the ashes: Incidentally, many clergy advise strongly that the ashes either be interred or properly distributed, for example, through a burial at sea or in some other appropriate venue. Giving the ashes to a family member (s) can raise all sorts of problems in the future when the recipient dies, moves, etc.

What is a statement of burial wishes?

A statement of burial wishes can either be contained in a will, or in a separate document designating a custodian for the body...

Will the one refusing to sign contest anything?

there is NO chance the one refusing to sign will contest anything, ever. she will, however, fight vigorously to be "left out" of proceedings. in fact, she was the one who initially pushed our father to set up PoA, for the sole purpose of avoiding this situation.

Does a power of attorney terminate upon death?

A person's power of attorney terminates upon his or her death, as does his health care power of attorney. You will have to work outside the framework of a power of attorney and health care proxy. Your father's attorney should have included his wishes for burial or cremation and properly advised you.

Is a power of attorney valid after death?

A power of attorney is valid during the Principal's life and on his last breath also expires. There is an exception, in California at least, for an Advance Directive which has a section allowing the ONE post-death authority of making burial or cremation arrangements. I don't practice in your state to know without research, whether this is also the case in your state or even if you have an advance directive because you...

Can you include your wishes in advance directives?

You can even include your wishes in your advance directives; this allows you to designate a person to carry out your disposition decisions. This person may not otherwise be legally recognized as your next of kin, so designating them in your directives will ensure that they can see to your after-death preferences.

Can you scatter ashes at a cremation?

Cremation ashes can be scattered, buried, or kept. If you have a preference, make sure your family and friends are informed so it will be followed. If you choose to have your ashes scattered, it is a good idea to look into whether it is legal and/or practical to scatter at your chosen location, and also that the type of ceremony you wish to have, ...

Can you have ashes in a crematorium?

These can include ensuring that your chosen crematorium will remove any foreign objects, such as amalgam dental fillings or other metal parts, the incineration of which release mercury into the environment (not all crematoriums offer this service, so be sure to ask beforehand). If you wish to have your ashes interred underground , consider purchasing a biodegradable urn or cremation vessel. That being said, be advised that because crematorium furnaces are generally powered by large quantities of natural gas, the cremation process does release some harmful greenhouse gases into the environment.

Can you set aside funds for cremation?

It is possible to set aside funds for your cremation in a Totten Trust, also known as a payable on death account. Prepaying for cremation services is the only absolute way to ensure your wish for cremation is carried out. Step 1: Let your family and closest friends know that cremation is what you want.

Can you have cremation in a will?

Some states recognize your authorization for cremation in a will or living trust. However, these documents are not accessible until after your death and, in many states, upon your death. Your closest relative, next of kin, or power of attorney for health care will be the one to make the final disposition decisions. If this person was not previously aware of your choices, he or she may fail to follow your wishes. That is why it is so important to discuss your choice for cremation with your family before your death. If you have any reason to believe friends and family will not carry out your wishes for cremation, you can secure your wishes through a prepaid plan.

Can you have cremation underground?

If you wish to have your ashes interred underground, consider purchasing a biodegradable urn or cremation vessel. That being said, be advised that because crematorium furnaces are generally powered by large quantities of natural gas, the cremation process does release some harmful greenhouse gases into the environment.

Does Kansas have a right of sepulcher?

While my out of state colleagues are essentially correct, Kansas has a "right of sepulcher" law that specifically grants the power to make funeral and burial/cremation arrangements to a person holding your power of attorney for health care, provided that right is specifically listed in the power of attorney document. Be sure that you have an estate planning attorney review your documents and update...

Does a power of attorney terminate with death?

A Power of Attorney terminates with the death of the person who executed it. I strongly urge you to pre-pay for your cremation because that will make sure that your wishes are followed.

Funeral/Burial Law Varies by State

A Recent California Case

Litigation Over The Ashes

But What Does Mr. Andelson’S Story Teach Us?

• We often direct clients to make sure their wishes are clearly spelled out. It’s a good idea to write them down, and to name a person to see to their completion. Obviously, you should name someone who knows what you want and is able (and willing) to comply with them. It appears, though, that Mr. Andelson did all that. He signed a pre-need arrangemen...

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