Earlier this year, the New York Times ran a story that on funeral planning that raised several valid issues and recommendations. We will use the next few blog posts to explore certain issues and recommendations in greater detail. With this post we will start with the article’s discussion of prepaying for a preneed contract, and
Transition Documents
Health Care Proxy: Someone with a Backbone
By Bill Stalter on
Posted in Power of Attorney, Transition Documents
The Conversation Project recently posted a blog entry titled “Somebody with a Backbone”: Tips for Choosing a Health Care Proxy. We could not agree more with the post’s recommendations about how to go about selecting a power of attorney for health care decisions. The post includes a hyperlink to “How to” brochure that is…
Transition Plans: Family Support
By Bill Stalter on
Posted in Power of Attorney, Transition Documents
The Kansas City Star recently devoted a column to Marty Schottenheimer, and his family’s support as he adjusts to life with Alzheimer’s. Coach Schottenheimer was diagnosed with the disease in his late 60’s, but continues an active life, with the assistance of his wife, son, and daughter-in-law. The column is a reminder that multiple family…
Estate Planning and Funeral Arrangements: A Will will be too Late
By Bill Stalter on
Funeral and burial preplanning should be a part of every estate plan, but some web pages promoting estate planning can be misleading or impractical. The estate planning page sponsored by Lawyers.com suggests that funeral arrangement preferences can be incorporated into a will or health care power of attorney to alleviate the financial and emotional burdens…
Churches: Conversation Sabbath
By Bill Stalter on
Churches from different denominations are observing “Conservation Sabbath” from November 11th through the 20th. In 2010, a faith-related initiative titled the “The Conversation Project” was initiated by journalist Ellen Goodman. The Conversation Project is dedicated to helping people talk about their wishes for end-of-life care. Their website states:…
Right of Sepulcher: Last Rites Denied
By Bill Stalter on
Posted in Right of Sepulcher, Transition Documents
We recently came across a Missouri Law Review article that examined a Missouri Court of Appeals case that ruled a durable power of attorney for health care decisions was ineffective for the granting a right of sepulcher. The form included a “springing” clause which was never triggered by two physicians’ determination of incompetency. The article…
Designating the Right of Sepulcher: my mother’s confusing instructions
By Bill Stalter on
My mom died recently, and her failure to put in writing her final arrangements resulted in a family conflict.
My mother did not like discussing death, and avoided the topic of her own death at all costs. A few years ago, my mother asked that I prepare a durable power of attorney, and include powers…
The Right of Sepulcher: One Hurdle to the Final Resting Place
By Bill Stalter on
A Kansas City Star article reported on the role of the Missing in Action Project in getting Major Rombauer to his final resting place. Much of the work of the MIA Project goes unreported, but this story was found noteworthy because Major Rombauer’s cremains had been sitting on a shelf at the crematory for 102…
Right of Sepulcher: An Attorney’s Error
By Bill Stalter on
Betty Jean Collins had her own preferences for the disposition of her body, but her children had other plans. As counsel to many funeral homes, I have seen this situation too many times. The time that should be used for remembrance and healing, is instead marked by conflict and expense. A right of sepulcher designation…
Right of Sepulcher – Personal Preference and Wisconsin
By Bill Stalter on
A Wisconsin bill that would establish a right of sepulcher looks bound for passage (AB 305). There are several things to like about this bill. It would establish an individual’s right to control the disposition of his or her body, and to designate an agent authorized to carry out that directive. The bill…