What is an appointment of agent in the disposition process?
It is a written declaration of not only who you want to control the disposition of your remains, but can also lay out specific instructions for your funeral and burial (or cremation). For example, the funeral director you want to handle your funeral can be directed by this individual and orchestrate upon your living will as we had posted about earlier in the week.
Giving Control of Disposition of Remains to Appointment of Agent
New York State’s Public Health Law allows for a designation, through written instrument, the person who shall have the right to control disposition of remains of the deceased. This tool allows one to choose who will have the final say in controlling their funeral arrangements before the time of death. There are some states that allow this form of document to be used, New York is one of them.
The big takeaway:
In New York State, this document is as crucial as a Will. Unlike the Will, however, which appoints an executor only through probate and the courts, the Appointment of Agent to Control Disposition is enforced immediately following death.It’s important to note that the appointed agent is not financially responsible for the funeral charges of the decedent. Therefore, the funeral recipient should, in conjunction with the Appointment of Agent form, enter into a pre-funded, pre-need agreement with the funeral home.
The Appointment of Agent form is available from the funeral director, who will work in conjunction with the family or estate planning lawyer. The form will require two witnesses to fully execute the appointment. Once signed by all parties, one copy is retained by the funeral home and the other is kept by the appointed agent.
And to be absolutely clear, this Appointment of Agent form does not take the place of a Will. Make sure to have yourself covered in this situation.