Working with a trust and estate planning attorney has it benefits. One benefit is that it is our job to keep up with current law and guiding clients to whether something is a good idea or not. Michigan had passed a law that allows an individual to name an individual to serve as their funeral representative. This person has the authority to make the decision regarding your final arrangements, such as planning a funeral and/or memorial, handling your remains, and deciding whether to do cremation or burial and ultimately where your final resting place should be. This person is responsible for honoring your wishes or deciding what they think you would have wanted if there were no pre-arrangements.
Prior to this law being passed, there was no clear line as to who would be in charge. If an individual let’s say had five adult children upon their passing, who was the ultimate decision-maker? What happened if someone would disagree? There was confusion whether because someone had a Last Will if their designated Personal Representative was in charge of the funeral. The old law essentially stated the only ones who could make these afterlife decisions could be a spouse, child, or close relative. But it didn’t necessarily spell out what happened if there was more than one child or competing interest. This is when working with a top Grand Rapids estate planning attorney could benefit you and your loved one.
Now individuals are able to choose anyone over the age of 18 years old to be their funeral representative. This individual could be family, a friend, or anyone else you want to pick. There is no longer confusion over who is in charge. You chose for yourself and for your loved ones. The individual you chose has the “right and power to make decisions about funeral arrangements and the handling, disposition, or disinterment of a decedent’s body, including, but not limited to, decisions about cremation, and the right to possess cremated remains of the decedent.” MCL 700.1104(j). Prior to acting, however, your chosen funeral representative must sign an acceptance agreeing to serve in this capacity on your behalf.
Clients do ask what if they chose no one, how is that decided. Even if you chose not to designate a funeral representative there is still an order of priority, which goes as follows:
- If you are a service member, the person who may be designated by federal law
- The person you designate as your funeral representative
- Your surviving spouse
- Your children (over age 18)
- Your grandchildren (over age 18)
- Your parents
- Your grandparents
- Your siblings
There is also a list of who may NOT serve as your funeral representative and that list goes as follows:
- A licensed health professional
- An employee or volunteer of a health or veteran’s facility that provided care during your final illness
- An officer or employee of a funeral establishment that will provide services for you
- An officer or employee of a cemetery where you will be interred
- An officer or employee of a crematory where you will be cremated
Regardless of who you chose, deciding on a funeral representative is extremely helpful and important to your estate planning. This removes a huge burden from your loved ones as far as who should be in charge and what decisions need to be made. This is also a huge benefit for you because not only are you giving your family this much-needed relief in the grief process, but you also get peace of mind knowing you chose someone who you can trust to honor your final wishes. At the Law Office of Sean Patrick Cox, PLLC, our attorneys proudly serve West Michigan families in assisting with these types of decision-making.
We offer free consultations. To get in touch with a top Grand Rapids estate planning attorney call (616) 942-6404
An associate attorney at The Law Offices of Sean Patrick Cox.
