Legal Question in Wills and Trusts in North Carolina

burial,death right /decisions

my stepfather has a sister and two kids,but he doesn't want them to have any legal say in his burial decisions when he dies. he has told ''us'' the stepkids to bury him with our mom his last wife and afraid they will not let ''us'' grant those wishes. he wants a legal document saying ''we'' have the right to make the decisions for him. what do ''I'' need to do or what kind of legal forms needs to be drawed up to grant his wishes when he dies. need legal assistance...... thank you very much........


Asked on 4/06/05, 10:04 am

1 Answer from Attorneys

Dan Brady Brady, Nordgren, Klym & Morton, PLLC

Re: burial,death right /decisions

I would first suggest that he "pre-plan" his funeral wishes with a signed agreement at the local funeral home. This would direct the location of the burial and other specific directives that he has in mind. That should indicate that all further decisions and contact after his death would be with the desired individuals.

I would also suggest that he execute a health care power of attorney and advanced directive that appoints a specific person and a substitute withthe authority to direct the disposition of his remains.

Finally, I wold suggest that he advise his other family members of his desires and actions now rather than having the step children surprise the family at a later, more emotional time.

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Answered on 4/06/05, 10:11 am


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