We’ve seen it happen time and again. The person making the initial call to our funeral home turns out not to be the one with the legal responsibilities of making decisions related to the care of a loved one.
While they may feel that they should be the one to make these choices, the law doesn’t always recognize them as such – and so their voice can become effectively silenced.
If the deceased has not expressed their wishes through a written document such as a Designated Representative document, where the deceased has designated an agent to fulfill their wishes; then the legal chain of command, formally called the “order of precedence”, is followed.
The person designated as the responsible party, whoever they may be, needs to be present to make decisions, and sign documents. If you are unclear as to who is the responsible person in planning a funeral for your loved one, call us.
If your loved one has yet to specify who they wish to be in control of their funeral service planning, and they are clear-headed enough to do so, now is the perfect time to take care of that task.
This is especially important if they think their relatives will not honor their funeral wishes, or if they are on bad terms with them; do not know where they are, or do not have any relatives living.
And, appointing a specific person to arrange their funeral who is not a family member, but is deeply trusted, can be a good way to ensure that their final wishes are carried out.
They can designate their choice by completing an Advance Health Care Directive. If they already have a Durable Power of Attorney for Health Care (POA), just attach a completed Iowa Final Dispositions Act Designated Representative form. The Designated Representative form must be attached to a POA for Health Care to be valid and enforceable. Should you have questions about the care directive or designating a representative, call us, or speak with your family attorney.
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