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Michigan's Funeral Representative Law
In 2016, Michigan introduced a significant change to its funeral and disposition laws, allowing individuals to designate a funeral representative. This article explores these changes and their implications.
Importance of Funeral Representative Designations
Funeral representative designations provide individuals with greater control over their final arrangements. It allows someone to give a representative priority in making that person’s funeral arrangements and final disposition decisions. This is particularly crucial in cases where family dynamics are complex, next-of-kin are estranged, or when the person closest to the deceased is not a legal relative. It helps prevent disputes among loved ones and ensures that the deceased's wishes are honored.
Not naming a funeral representative simply leaves the long-standing guidelines for next-of-kin in effect.
Benefits for Clients
This law offers clients peace of mind and more control over their funeral planning. It allows them to choose someone they trust to make these important decisions, regardless of family ties. This can be especially beneficial for those in non-traditional relationships, those estranged from family, or those without living relatives.
Requirements for Funeral Representative Designation
To designate a funeral representative in Michigan, the declarant and representative must be at least 18 years old and of sound mind. The designation must be in writing and can be included in a will, patient advocate designation, or a separate document. It must be signed by the declarant and either witnessed by two individuals or notarized. The named funeral representative, a person affiliated with a facility providing care to the declarant, and a person affiliated with a cemetery or crematory where services will be provided may not act as witnesses for purposes of this designation. Certain care facilities and health professionals, a funeral director that will provide services to the declarant, or a person affiliated with a cemetery or crematory where services will be provided may not serve as the funeral representative unless they are the declarant’s spouse or close relative. The designated representative must also accept the appointment, either in writing or by acting in that capacity.
Though not required, a designation may identify a successor funeral representative if the first named representative is unable or unwilling to act. Further, the person exercising the right to dispose of a decedent’s body should ensure payment for the costs of disposition through a trust, insurance, commitment by another person, a prepaid contract, or other effective and binding means, so that they will not be personally liable for the costs of disposition.
Powers Granted by Funeral Representative Designation
Importantly, this designation is not effective until the declarant’s death. Further, the representative must provide the funeral home with a copy of the designation. Because the representative must provide a copy to the funeral home, it can be beneficial, for privacy reasons, to make the designation in a document separate from a will or patient advocate designation.
A funeral representative designation empowers clients to appoint a trusted individual who will have the legal authority to make crucial decisions regarding their funeral, burial, or cremation. This designated person has the right to determine the disposition of the deceased's remains, including whether the body will be buried or cremated. They can also make choices about the funeral service, such as its location, format, and content. Additionally, the funeral representative is responsible for coordinating payments for funeral-related expenses, which may come from the deceased's estate, insurance, or other sources. This designation allows clients to ensure that someone who understands and respects their wishes will be in charge, even if that person is not their next-of-kin or a family member.
Conclusion
Michigan's funeral representative law represents a significant shift in how end-of-life decisions are managed. It empowers individuals to have more control over their final arrangements and helps prevent potential conflicts among both family members and non-family members. As societal norms and family structures continue to evolve, this law provides a flexible and compassionate approach to honoring an individual's final wishes.
For more information or for assistance in making this designation, please contact us. We would be pleased to help you accomplish your estate planning goals.