Pre-need funeral instructions- Last will and testament

Chapter 4: Right of Disposition Flashcards

Right of disposition statues- 48 states have laws governing disposition rights.- Over half do not provide for the key components of an effective right of disposition law.- Over 20 states provide comprehensive disposition elements and extensive protections for funeral homes.KinOne's relative(s); referring to the blood relationship note that legally, the spouse is not kin.Primary Right of DispositionCourts will recognize the decedents wishes that are to be carried out through- Pre-need funeral arrangements- Pre-need funeral instructions- Last will and testament Statutory ExceptionsMany states have established statutory guidelines involving the right to disposition. Laws stipulating the order of priority.- Different states impose requirements on how the wishes of the decedent must be expressed.- Some states recognize an individuals right to appoint an agent to make funeral and disposition arrangements upon death.- Power of attorney ends at death- This is the link to the uniform power of attorney act..Court Considerations involving the primary right of disposition

• Special relationships- Waiver- Statutory Exceptions

Right to RelyAbility to rely upon the representations of a family member, allow to stop services in event of dispute. Comprehensive immunity provisions.Special RelationshipsLiving under the same roof, financial support, special intimacy between decedent and relative.General Rule of PriorityThe designation of the next of kin follows the blood line with the children being the nearest in degree followed by parents, and then brothers and sisters of the deceased.- There is not an ironclad rile in most statutes as to who has the paramount right of disposition.- The general rule is that that surviving spouse has the primary right to disposition.- In the absence of the spouse, the next of kin is given the right.Uniform Anatomical Gift ActUAGA: A law permitting a person of legal age and sound mind to give all or any part of his or her body to take effect upon his/her death or gives right to another.- Effective upon death without probate.- There is no question regarding the supremacy of a gift.- Gift takes precedence over any contrary wishes of survivors.- No relative can supersede the gift.

Factors effecting the general rule of priority - Wishes of decedent- Special relationship- Waiver- Statutory exceptions Missing RelativesProvisions that will take away the right of disposition from any person who cannot be located.- Due diligence must be performed by the funeral home and other parties.- Allow funeral and disposition to take place within reasonable time.- This is usually statutory hoe long a person has to "missing" and begins after the day after the death. It does not count from the last time anyone heard from the missing person. In Colorado, it is 10 days.Protection for funeral homesThree primary protections funeral homes want to include in a right of disposition statute.Primary DutyDoes to surviving spouse then next of kin.Forfeiture of Right of DispositionStatutes address key components of issues regarding

conflicts that include:- Missing relatives- Majority Control-

Waiver of un-cooperated relatives- Homicide cases WaiverIndividual with paramount right to disposition may waive the paramount right.HouseholderThe occupier of a house. One who owns or controls real estate where the death occurs.Burial StandardsEveryone is guaranteed the right to a decent burial. Most courts will look at the general rule for guidance, but there are exceptions to every case.Primary Components of Right of Disposition Statutes- Mechanism for an individual to control his/her disposition at the time of death.- Detailed priority list of who holds right of disposition- List of events and situations whereby the right of the disposition may be taken away.- Extensive protections and immunities for funeral homes and other death care providers.Burial Considerations- Wishes of the deceased- Wishes of the survivors- Public interest- Statutes.Waiver of Un-cooperative relativesApproximately 30% of the states have laws that will take away the right of disposition from one who does not exercise the right within a certain time frame (measured in days).- Once expired the funeral home may proceed to persons down the priority list willing o make the funeral arrangements.Majority ControlAllows a majority to control the disposition contrary to the wishes for the minority.- Oftentimes two or more people are on the priority list who hold equal rights (several children).- Half of the states have laws that allow the majority of those who hold the right to control disposition.Homicide CasesLaws take away the right of someone who is arrested for criminally causing the death of the person over whom he/she holds the right of disposition.- Currently about 1/3 of

the states have a disqualification provision tied to homicide.