Appointment of Agent to Control Disposition of Remains is a written declaration of not only who you want to control the disposition of your remains but can also have specific instructions for your funeral and burial (or cremation). New York’s Public Health Law § 4201 sets out a format for the written declaration, and so long as the format is substantially followed the designation supersedes the standard order of precedence for control of a person’s remains. Absent a written declaration, a person’s surviving spouse has first right to control of the remains (followed by domestic partners, adult children, parents, siblings, a court appointed guardian, etc.). However, even though the law accounts for who is in charge of the remains and funeral arrangements, the only way to ensure that your final wishes are known and respected by all is by outlining your desires in a written declaration. It is important for you to consider executing a written declaration to ensure not only that they reach their intended final resting place, but also to assist their family through one of the more difficult periods in a person’s life… the loss of a loved one.
Appointment of Agent to Control Disposition of Remains is a written declaration of not only who you want to control the disposition of your remains but can also have specific instructions for your funeral and burial (or cremation). New York’s Public Health Law § 4201 sets out a format for the written declaration, and so long as the format is substantially followed the designation supersedes the standard order of precedence for control of a person’s remains. Absent a written declaration, a person’s surviving spouse has first right to control of the remains (followed by domestic partners, adult children, parents, siblings, a court appointed guardian, etc.). However, even though the law accounts for who is in charge of the remains and funeral arrangements, the only way to ensure that your final wishes are known and respected by all is by outlining your desires in a written declaration. It is important for you to consider executing a written declaration to ensure not only that they reach their intended final resting place, but also to assist their family through one of the more difficult periods in a person’s life… the loss of a loved one.
If you haven’t yet created your estate plan or need to review and update your existing documents, now is the time to act. Call NY estate planning attorneys Friedman & Ranzenhofer, PC today at 716.543.3764 for a free consultation to ensure that your estate is properly planned for the future.