They're fighting over the body (Part 3): Other ways of directing disposition

This is the third blog entry in the series, "They're fighting over the body."  This entry focuses on other methods that could be used to direct disposition of one's remains other than the designation of agent in an appointment document called "Appointment of Agent to Control Disposition of Remains."

The Texas Health and Safety Code at Section 711.002(g) provides that an individual may direct disposition of remains, including cremation, in a will, a prepaid funeral contract (also known as a preneed burial plan), or a written instrument signed and acknowledged by such person.  As to a will, the Texas Health and Safety Code makes it quite clear that it need not be probated to make the directives enforceable.  Specifically, 711.002(h) states:

If the directions are in a will, they shall be carried out immediately without the necessity of probate.  If the will is not probated or is declared invalid for testamentary purposes, the directions are valid to the extent to which they have been acted on in good faith.As with any designation, its important to remember that these decisions should be reviewed periodically to determine whether or not the persons named or the wished contained in them still fit your desires.  These documents may be altered or revoked in a later writing signed and acknowledged by the principal or person who made the original designations and directions.

These options and how they fit into an individualized estate plan should be discussed with a qualified legal professional.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us www.johnhenrylaw.com.

They're fighting over the body (Part 2): Appointment of Agent for Disposition of Remains

Not at all uncommon, family members disagree over funeral, burial, and preparation decisions.  One way of giving guidance about your wishes as to the aforementioned decisions is to put detailed language in a last will and testament.  Besides memorializing these kinds of wishes in a will, during your lifetime, you may designate an agent in a document called the "Appointment of Agent to Control Disposition of Remains." Section 711.002 of the Texas Health and Human Safety Code (a)(1) permits an individual to name an agent for just this purpose. It is important to note, too, that the agent not only has the right to make decisions but also bears the financial responsibility for the agency he or she has been granted.  Consequently, any agent or successor agents named in this appointment document must sign the document acknowledging their acceptance of the agency being granted.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us www.johnhenrylaw.com.

They're fighting over the body (Part 1): Who decides?

With a time sensitive decision, like the disposition of remains, it should be handled with care and efficiency.  However, who is able to make those decisions as a matter of Texas law?  Under Section 711.002(a) of the Texas Health and Safety Code, a list of priority is given:

(1)  the person designated in a written instrument signed by the decedent;
(2)  the decedent's surviving spouse;
(3)  any one of the decedent's surviving adult children;
(4)  either one of the decedent's surviving parents;
(5)  any one of the decedent's surviving adult siblings; or
(6)  any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.

What if a person of the highest priority fails, is unable, or is unwilling to act?  Under that same section, Texas law says that where a person fails to make final arrangements or appoint another person to make final arrangements for the disposition before the earlier of the 6th day after the date the person received notice of the decedent's death or the 10th day after the date the decedent died, the person is presumed to be unable or unwilling to control the disposition and their right terminates and passes to a person of the same priority level or down to the next level of priority.

Subsequent entries in this series, "They're Fighting Over the Body," will focus on potential options in addressing designating a person to make decisions concerning disposition of remains.

This blog is designed for general information purposes only.  The information contained on this site should not be construed as legal advice or the creation of an attorney-client relationship. 

For more information, contact John B. Henry, III, Attorney at Law, to discuss your legal needs, and visit us www.johnhenrylaw.com.