Legal Question in Wills and Trusts in Minnesota

What type of document do I need to let people know what my wishes are concerning my burial, who will conduct the furneral, who will make decision on what happens to me if I am incapcitated?


Asked on 12/03/09, 2:21 pm

1 Answer from Attorneys

Jon Septer J.R. Septer Law, PLLC

When planning your final arrangements, the best thing to do is write a letter to the executor of your estate and/or family members regarding your wishes for your funeral. Make sure they have read and understand the details. Do not put this information in your will because a will may not be read until it is too late.

A Health Care Directive is the proper form to complete in order to designate someone to make decisions on your behalf should you become incapacitated. This person is called a "health care agent." They will decide what happens to you based upon your written wishes in the document. Look to Minnesota Statute 145C.16 for a form of this document, otherwise it may be helpful to retain an attorney to draft one for you and ensure all the proper steps are taken to validate the document.

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Answered on 12/10/09, 6:06 pm


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