You have options when it comes to how you want your remains handled and where you want to be laid to rest. The critical issue is choosing exactly what happens to your remains beforehand, so another party does not have to make this choice for you after your death.
An Albany and New York estate planning lawyer at Pierro, Connor & Strauss can help you execute an Appointment of Agent to Control Disposition of Remains so that your wishes are clearly stated. Also known as the DORA, this document is an important part of an estate plan.
What is a Disposition of Remains?
A disposition of remains is what you want done with your body after your passing. Traditional burial and cremation are the most common choices, but some people may opt for a natural, “green” burial.
In this document, you can include any ceremonies you would like included at your funeral or memorial service, with a religious or non-religious aspect. You can alternatively state your preference for no ceremony at all.
If you choose cremation, discuss what you want done with your ashes. If you want your friends and family to place them in an urn or throw a party to celebrate your life; the choices are personal. Feel free to be as specific or general as you want. You can even include the music you want played at your funeral or party if that is important to you.
The Importance of Having Disposition of Remains
Having a disposition of remains allows you to control what happens to your physical body after your passing. Without the document, your next of kin decides what to do. For instance, a widow or widower who has remarried may indicate they wish to be interred beside their late spouse. Or, perhaps they prefer burial beside their current spouse. By making your wishes known legally, you can spare family members a very upsetting conflict, which could easily escalate into litigation. You might not please everyone with your decision, but they will at least know it is what you wanted.
Historically, funeral directors were caught in the middle of these deeply personal and highly charged family disputes. According to the New York State Funeral Directors Association, Inc., the law regarding the disposition of remains made their job easier. The Appointment of an Agent to Control Disposition of Remains protects funeral directors who follow a decedent’s written instructions against liability.
Disposition of Remains Team
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LOUIS W. PIERRO
Pierrolaw