New Law Allows Appointment of Person to Carry Out Burial and Funeral Wishes
Although it may sound cold, a new Wisconsin law will actually bring peace of mind to many residents. The law, called Authorization for Final Disposition, allows Wisconsin adults to choose who will make their funeral and burial arrangements.
The old law gave the closest relative the authority to make funeral and burial arrangements, regardless of the wishes of the deceased. That oftentimes created conflict between a deceased’s children, parents and life partners. The children or parents of a deceased person may not have known what the person wanted done with his or her body at the time of death. Many times, funeral directors or clergy found themselves in the middle of the disputes.
Under the new law, a person can appoint an agent to carry out her or his wishes upon death. A person who is at least 18 years of age is able to sign a document, termed an “Authorization for Final Disposition” under the law. Through the Authorization, a person may give special directions, instructions concerning religious observances and suggestions concerning the source of funds for funeral and burial, including arrangements for a viewing, a funeral ceremony, memorial service, graveside service, burial or cremation or other disposition or donation of the body. The Authorization must be signed in front of two witnesses or a notary public. The Authorization requires the agent to carry out the directions, instructions and suggestions, unless there are insufficient funds or it is unlawful or there is no realistic possibility of compliance. If an agent is appointed under a valid Authorization, the agent generally controls the disposition of the decedent’s remains.
The Wisconsin Department of Health and Family Services is directed to prepare forms to carry out the law. In the meantime, individuals may complete their own forms. Forms meeting the requirements of the new law are available at the 7 Rivers LGBT Resource Center or can be obtained by calling my office at 608.784.5678.
Greg Bonney