Who Will Make Your Funeral Arrangements?

While many people do not want to think about their own funeral arrangements, there are some who have some pretty strong feelings about the subject. The question is, how do you enforce your wishes, since you will not be around to direct your family?

Under Virginia law, the next of kin are entitled to make the decision regarding the disposition of a loved one's body and the funeral arrangements. But, the definition of next of kin is broad, including a spouse and any adult children. If there is disagreement, then the disagreeing next of kin can petition the circuit court.

This seems like an awful lot of trouble. It is especially problematic where a person has entered into a second marriage, or where a person is separated from his or her spouse and has not yet gotten a divorce.

Virginia law does have a solution. A person can designate an individual to be the person to make the decisions regarding the funeral arrangements and the disposition of the body. The designation must be in writing and notarized. It must also be accepted in writing.

If you feel strongly about the disposition of your body and your funeral arrangements, this should be part of your estate plan. You should put your desires in writing, and designate a person whom you trust to go through with your plan. A lawyer can help you accomplish this.