⚱️Permission Needed to Cremate Loved One?

At one of my recent presentations, an audience member shared what they thought was an unusual experience after their brother passed away. Their story is a good reminder of how easily confusion - and even conflict - can happen among family members when certain plans aren't clearly made in advance.

It all started when their mother misunderstood the legal authority she held through the medical and financial powers of attorney for her deceased adult son. Believing those documents gave her the right to decide on cremation, she moved forward with making those arrangements. But she quickly discovered otherwise.

A power of attorney ends the moment a person dies, so any authority granted through those documents also dies. After death, only certain people, as outlined by state law, can authorize cremation or burial. The order of priority, often called the next-of-kin hierarchy, varies by state, but it typically starts with a surviving spouse, followed by adult children, then parents, and so on.

In this case, her son had adult children so they, not her, had the legal authority. In order to move forward, she was was required to obtain their written agreement. Though not all of them agreed on cremation, a majority decision was allowed under state law, sparing the family from a lengthy and painful court process.

The lesson: My audience member, and his mother, found it odd that she had to obtain permission for the cremation from her adult grandchildren. What they didn't understand was that even when someone has medical or financial powers of attorney, those powers do not extend beyond death.

Without written instructions - such as a burial or cremation directive or the formal appointment of an "agent for disposition," families can be taken by surprise and left scrambling to figure out who has the authority and what their loved one would have wanted.

💡 Takeaway Tip: Include your final wishes and name an authorized decision-maker in writing. This can be done through your will, an advance directive, or a separate authorization form. Doing so helps ensure your wishes are honored and prevents unnecessary disputes during an already emotional time.

👉To learn more about this topic check out this ​blog post​.

🦉Share Your Story! I believe real stories are the best teachers.🦉 If you've faced an estate-planning situation that others could learn from, let me know! You can send me a note or schedule a short call to share your experience - whether it was good or bad. Your story might provide invaluable help to someone else!