Law Office of Amy B. Van Fossen, P.A. - Elder Law

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Planning for the funeral

Florida residents have the option of putting funeral instructions into their will. However, there is a chance that the will won’t be discovered until after the funeral has taken place. Therefore, those instructions might not be followed despite the fact that they are generally considered to be binding on an executor. These days, it is more common to use a planning declaration document.

This gives an individual the authority to make the arrangements for a funeral. The person who creates the document can make suggestions or give instructions that are narrow or broad in scope. Whoever is authorized to plan the funeral will generally have the ability to make decisions regarding issues that weren’t discussed in the in the planning document itself.

In some cases, an attorney could have the power to make funeral arrangements if he or she was named on a power of attorney. This is because the ability to dispose of a person’s remains survives the death of an individual and the termination of the rest of the POA. If a person has neither a planning document or a POA, a spouse, sibling or child could be authorized to make funeral arrangements. An individual may want to have a discussion with family members to sort out the details of a funeral to reduce the stress that they feel after the death.

The loss of a loved one may be a stressful event regardless of how it happens. To ensure that a person’s wishes are met after passing, it may be a good idea to create a thorough estate plan. This may include instructions as to how a funeral should proceed as well as who should receive certain assets. Doing so could reduce family infighting and allow for healing.