Why Designate

Most State laws allow a person to appoint a person they trust to act as their “agent” (legal representative) to control the disposition of their remains following death. The person named the agent would then have the legal authority and responsibility to ensure that the deceased’s wishes concerning final disposition are carried out as intended. Funeral directors, cemeteries, crematories and other providers involved in the process of final disposition must follow the deceased’s directions, as well as any decision made by the agent if there are no specific written instructions.

By appointing an agent, an individual is making sure that his or her wishes are honored by significantly reducing any chance that family members or others who disagree with these plans can alter them. The agent may be given as much or as little authority as the individual wants to identify. In addition, an individual may also give the agent very specific instructions concerning details of the funeral and/or burial.

Legislation establishes a priority list (“hierarchy”) of individuals who have the legal right to control the funeral arrangements (“final disposition”) of the remains of a deceased person. A legal structure exists by law to allow a person to formally designate/appoint anyone they choose to serve as their “agent” to carry out their decisions when it comes to the final disposition. 

For quite some time, funeral directors have dealt with the question of “who controls” a person’s final disposition. Increasingly, funeral directors find themselves in the middle of a disagreement, or outright dispute, among family members as to the method and/or procedure of a loved one’s final disposition.

Too often, funeral directors are put in the uncomfortable position of “taking sides” with one party over another and, by extension, seemingly “endorse” a type of disposition that could ultimately be found to contravene the wishes of either the deceased or the loved one possessing legal control. Of course, the irreversible finality of cremation raises the stakes even further. Needless to say, such a role goes well beyond a funeral director simply acting in the less risky, albeit important, position as mediator or arbiter.

The creation of a document that allows a person to appoint an “agent” (proxy) to carry out and control his or her final disposition is what Final Disposition Agents provides, along with knowledgable individuals to serve as your agent. This documentation according to the law is applicable statewide, irrespective of any similar local laws that may exist. Final Disposition Agents ensures that your wishes are carried out.

*Disclaimer:  This information taken from NYSFDA Compliance Guide: Final Disposition. Be sure to check your specific State laws to ensure the same hierarchy exists in your State. This list is for reference purposes only and does not attempt to serve as a technical nor legal statement that is binding on Final Disposition Agents.