Texas Health and Safety Code Section 711.002 details who has the authority to deal with a funeral home or morgue to determine how your remains should be buried, cremated, or laid to rest in another way. While the Code specifically ranks which family members have priority over the others, the best way to ensure that your wishes are carried out is to properly execute an Appointment for Disposition of Remains.
Even if the ranking according to the code aligns with your wishes, there’s a better way to ensure that your loved ones will be able to adhere to them. Instead of your spouse or kids having to prove that they’re your spouse or kids, you should list them on your Appointment of Disposition of Remains to facilitate the process during a stressful time.
More importantly, though, there are two specific situations where you absolutely need to properly execute the form:
- If your friend, partner that you’re not formally married to, or “chosen family” members are the ones that you want to handle this very important matter, you will specifically need to name them in the document. Furthermore, you’ll want to create that document with a licensed attorney to ensure that it’s properly executed.
- If you specifically do NOT want one of your “blood family” members to handle the disposition of remains, you’ll need to make that clear in a specifically written document.
Appointment for Disposition of Remains is just one of the important documents that you and your loved ones will need as part of your comprehensive estate plan.
Need to plan for disposition of your remains? We are here to help! Visit us here to find out how we can address your estate planning needs.