A Missouri funeral director recently called for advice. He received a first call for an individual that died without a spouse or children. The deceased had a surviving parent and several siblings, but a distant relative was asserting the right of sepulcher by virtue of a durable power of attorney. The funeral director had reviewed
Transition Documents
NFDA Consumer Survey: An Uptick in Facebook Traffic and Consumer Planning
The Memorial Business Journal (the NFDA’s weekly newsletter) has been drilling down into the NFDA’s 2024 Consumer Awareness and Preferences Survey. With the FTC’s Funeral Rule amendment looming, the July 4th MBJ edition was of particular interest to us. The Survey found that 92% of the survey respondents use Facebook, with most of those…
Confusion over Who Controls the Funeral: Stale Advice
We recently found this post on funeral matters explaining the authorities of executors, guardians and power of attorney agents to control funeral arrangements. The post is limiting its advice to New Jersey laws, but a casual reader could lose sight of that limitation. With regard to executors, the post suggests that an executor will be…
Mom’s Dementia and the empty house: Using the power of attorney to move on
One of the most difficult challenges for a financial POA agent is the parent’s empty house. Dementia has robbed the parent of the life skills needed to continue living at home and the health care POA agent has already made the decision to move Mom to an assisted living facility. As time passes, it becomes…
Avoiding Downgrades: Coupling the Preneed Contract with a Power of Attorney
The traditional funeral and burial remains the preference of many individuals. Understanding that this type of arrangement will be more expensive, many of those individuals purchase a preneed contract to spare their survivors a financial burden. But what happens when a child does not respect their parent’s preference for a traditional funeral and burial? Upon…
Mining the Internet for a Power of Attorney form: Is a Free Form Better than Nothing?
Free power of attorney forms may not provide what the client needs. …
Continue Reading Mining the Internet for a Power of Attorney form: Is a Free Form Better than Nothing?
Power of Attorney: It isn’t Necessarily Powerless
I saved this NYT article for a rainy day. Finding Out Your Power of Attorney Is Powerless describes situations where families had a financial institution reject a power of attorney subsequent to the principal becoming incapacitated with dementia or Alzheimer’s. My family had a similar experience recently when my mother-in-law had to be admitted to…
Transition Plans and the Client with Dementia: Caregiver Challenges
A recent Guardian article offers excellent advice to caregivers for individuals with dementia. The author, Cynthia Dearborn, shared her experiences about caring for a father with vascular dementia. Cynthia described how her father’s short-term memory became severely impaired, along with his judgment and reasoning skills. I am having a similar experience with a Transition Plans’…
End of Life Forums: Well Intended, but Sometimes Misleading
We find the AgingCare website to be a good source information for end of life planning. The website includes a forum for readers to post questions and offer their experiences. However, readers need to be careful when the forum is used to seek legal help on end of life issues. One such topic thread began…
End of Life Planning: An Inventory
COVID is forcing American families to confront end-of-life planning. There are numerous articles on the subject, but NPR published one during the summer of 2020 that made a recommendation that is often overlooked: creating an inventory. My wife, the list maker, established our first inventory 30 years ago when our first child was born. …