Talking about death is never easy. It can bring up uncomfortable emotions and questions we’d rather avoid. However, many individuals find comfort in knowing their final wishes will be honored by someone they trust. Often, family members are responsible for executing their loved one’s wishes after they pass. There are also times when a close friend, partner, or other trusted individual may be the best person to carry out those wishes.
Requirements to Designate a Funeral Representative
In Michigan and other areas of the United States, laws allow you to designate somebody you trust as your “designated funeral representative.” Your representative has the power to make decisions about funeral arrangements and the disposition of your body. If you’re a legal adult (18 or older in Michigan) and of sound mind, you can designate a funeral representative to assist in carrying out your funeral plans.
How To Designate a Funeral Representative
Once you are ready to designate your funeral representative, state law requires you to put it in writing. To make it official, you must sign and date the designation in the presence of two adult witnesses and a notary public. If you are physically unable to sign, another individual may sign on your behalf in your presence, and it must be acknowledged before the notary and witnesses. Thinking about who will fulfill our final wishes can be overwhelming and stir up painful emotions. Remember that you deserve to be honored and have a beautiful celebration. At Gerst, we come alongside you through the process to relieve some of the burden.
Who Can Be a Funeral Representative?
The representative must be at least 18 years of age. The person chosen can be a family member, partner, or friend. A second person must also be named in the event the first choice is unable to fulfill the commitment. In cases where the designee(s) is not a relative, the following exclusions apply:
- The representative cannot be an employee, member, owner, partner, officer, shareholder, or representative of either a crematory or a home that will provide services following your passing.
- The parties mentioned above also apply to those affiliated with the cemetery where your body will be buried or entombed or in which your ashes will be interred.
- The representative may not be a health professional, other employee, or volunteer at any health facility providing care during your terminal illness or immediately before your death. In addition, the representative cannot be a member, partner, representative, or shareholder of that same facility.
Who Can Be a Witness For These Proceedings?
Any witness must be at least 18 years old. Michigan law states that a witness may not be the funeral representative or any of those who are legally prohibited from being designated funeral representatives.
Who Gets the Final Say?
When a Funeral Representative form has been completed, the designated individual becomes legally authorized to carry out your final wishes. If it is not completed before an individual’s death, the next of kin has legal right to make final wishes.
Make Your Wish Clear with Preplanning
When considering who your funeral representative, it may be a good to consider preplanning with Gerst. Preplanning helps individuals create an authentic and unique life celebration. Designating a funeral representative often opens the door to meaningful conversations about how you want to be remembered. Preplanning can turn those conversations into a plan that honors your wishes. By making those arrangements beforehand, individuals can consider all their options and relieve the financial burden from loved ones. Gerst can help you appoint a funeral representative and preplan your funeral for peace of mind. To learn more about funeral representative forms or our preplanning process, connect with us today.