{"id":10414,"date":"2023-03-01T08:06:53","date_gmt":"2023-03-01T08:06:53","guid":{"rendered":"https:\/\/www.boomershub.com\/blog\/?p=10414"},"modified":"2023-03-01T08:06:57","modified_gmt":"2023-03-01T08:06:57","slug":"appointment-of-agent-to-control-disposition-of-remains","status":"publish","type":"post","link":"https:\/\/www.boomershub.com\/blog\/appointment-of-agent-to-control-disposition-of-remains","title":{"rendered":"Appointment of agent to control disposition of remains"},"content":{"rendered":"\t\t
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Death is life’s biggest mystery and reality, and no one is prepared for what comes next. As we sail through the journey of life, there comes a time when we must make some difficult decisions. The appointment of agent to control the disposition of remains is one such decision. It involves assigning someone to decide what happens to your last remains after passing.\u00a0<\/p>\n

In this blog post, we will provide information about the different methods of disposition, related legal obligations, and the appointment of agent to control disposition of remains. Understanding these terms and their significance can provide much-needed guidance to your family members and loved ones during a difficult time. But, most importantly, it can ensure that your last wishes are respected. So, read on!\u00a0<\/p>\n

What does disposition of remains mean?\u00a0<\/h2>\n

In simple words, disposition of human remains is the process of putting a person\u2019s body to rest after their death. It is an act to honor and\u00a0memorialize\u00a0those who have passed away. Disposition of the body can be done through various methods. For example, burial or cremation services.\u00a0<\/p>\n

In some cases, people plan ahead for their end-of-life decisions, such as place of disposition, what to do with the cremated remains, who will have the legal ownership of cremated remains, etc. It can be described in their\u00a0estate planning<\/a>,\u00a0advance directives<\/a>, or\u00a0personal wills<\/a>.\u00a0<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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What are the methods of disposition of human remains?<\/span>\u00a0<\/span><\/p>\n

There are several methods of disposition of body after death. Below are some of the common options of final disposition:\u00a0<\/p>\n

1. In-ground burial\u00a0<\/h3>\n

In-ground burial or burial of the body below the ground is the traditional way of bodily disposition. In this method, the body is buried in a casket or an urn in a designated cemetery. In-ground burial typically requires purchasing a burial plot, a casket or an urn, and other associated costs.\u00a0<\/p>\n

2. Entombment\u00a0<\/h3>\n

Entombment or above-ground burial is a disposition method that involves placing the body above ground in an all-enclosed crypt. It is similar to traditional burial but without the need for a casket. The crypts are often placed in mausoleums, which can be freestanding or built into structures like churches, or tombs.\u00a0<\/p>\n

3. Cremation\u00a0<\/h3>\n

Cremation is the disposition of the body through burning using fire or heat. This process usually takes place in crematories, where the body is placed in a special chamber and exposed to high temperatures. The ashes are then placed in an urn or scattered on land, at sea, or kept with the family.\u00a0<\/p>\n

4. Natural or green burial\u00a0<\/h3>\n

Natural or green burial is becoming an increasingly popular disposition choice. This disposition method includes burying a body directly into the ground without embalming or a casket, often in a biodegradable container or shroud. There are around\u00a0166 green burial sites<\/a>\u00a0across the USA and a few nature preserves where the land is protected from further development.\u00a0<\/p>\n

5. Body donation\u00a0<\/h3>\n

Donating body after death is another disposition option. It allows loved ones to make a lasting contribution to medical training and research. In this method, the person must provide written consent before their death. After a certain amount of time, usually between two to four years, the remains will be cremated and returned to the family upon request.\u00a0<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Who has custody of remains of deceased persons?<\/span>\u00a0<\/span><\/p>\n

Generally, after a person dies, their spouse, children, or next-to-kin gets custody of the remains of deceased persons. But if the deceased person specifically mentioned someone to have custody before their death, then the assigned person will get possession of the remains. Additionally, instructions or requests given by the deceased concerning their final arrangements must also be respected by any custodian of the body.\u00a0<\/p>\n

But suppose, if a deceased person has no known next-to-kin or no family members can be contacted. In that case, a court may assign custodianship to a local government agency like a county health department or other service providers.\u00a0<\/p>\n

It’s important to note that even when a next-of-kin is found, they may not necessarily have legal authority over the body or its burial. It will depend on state laws and regulations governing the final disposition.\u00a0<\/p>\n

Appointment of agent to control disposition of remains<\/span>\u00a0<\/span><\/p>\n

Appointment of agent to control disposition of remains is a written authorization that assigns rights and powers over disposition of human remains after death. It basically lays out the name(s) of the person in order of preference whom you want to be in charge of your last remains. For example, suppose you want your spouse to legally own cremated remains. In that case, you assign them as the agent to control disposition of remains, followed by your adult children, a relative, or a friend.\u00a0<\/p>\n

It is recommended not to assign too many people to control final disposition as it can complicate the process. For example, if you provide permit for disposition of human remains to multiple children, all of them must agree and sign off on the cremation. So, if, for some reason, they have a dispute, it can delay the cremation process.\u00a0<\/p>\n

When appointing an agent to control disposition of remains, it is vital to make sure the person you select understands their responsibilities and is willing to carry them out.\u00a0<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Pros and cons of appointment of agent to control disposition of remains<\/span>\u00a0<\/span><\/p>\n

Appointing an agent to control the disposition of the remains of a deceased person can be both beneficial and detrimental in certain situations. Let\u2019s have a quick glance at the pros and cons:\u00a0<\/p>\n

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Pros<\/span>\u00a0<\/span><\/td>\nCons<\/span>\u00a0<\/span><\/td>\n<\/tr>\n
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Ensures that the wishes of the deceased individual are followed.\u00a0<\/p>\n<\/td>\n

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Poorly communicated plans may result in not adhering to the deceased\u2019s wishes.\u00a0<\/p>\n<\/td>\n<\/tr>\n

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Help relieve stress and uncertainty in difficult times for family members.\u00a0<\/p>\n<\/td>\n

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Can potentially create animosity and tension among family members.\u00a0<\/p>\n<\/td>\n<\/tr>\n

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Quickens the disposition process due to clear instructions.\u00a0<\/p>\n<\/td>\n

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May come with legal responsibilities that could involve significant time and energy for the appointed person.\u00a0<\/p>\n<\/td>\n<\/tr>\n

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An appointed agent can provide continuity for families who are spread out geographically and unable to come together.\u00a0<\/p>\n<\/td>\n

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The appointed person may lack knowledge about local laws and customs related to funerals.\u00a0<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table><\/div>\n

Pros and cons of appointment of agent to control disposition of remains<\/span><\/figcaption>\n<\/figure>\n<\/div>\n<\/div>\n

What are the laws about burying cremated remains?\u00a0<\/h2>\n

Creating a final resting place for those we love is an important part of the mourning process. Thankfully the laws surrounding burying cremated remains are not as restrictive as the traditional burial. But there are still some regulations that must be followed. Let\u2019s take a look at those:\u00a0<\/p>\n