Show #382 Airing Sunday, 4/8/07
What do you have in common with Anna Nicole Smith? Hopefully, nothing. But if you don't appoint someone now to make decisions about the disposition of your body after you die, you could have a lot more in common with Anna Nicole Smith than you would ever want. Here to tell us how to keep our loved ones out of court after we pass on is my very lively law partner, Jennifer Peck.
Question: The family and friends of Anna Nicole Smith spent 3 weeks fighting about who had the right to decide the location of her final resting place. Do these kind of battles happen in real life?
Answer: Thankfully, not often. But when they do happen, and they do, they can be real humdingers. Conflicts do come up. Should the body be buried in Cleveland, where your spouse is buried, or in another state near your parents or child? Should the body be cremated? How elaborate should the service be? Should your sister or child who hasn't spoken with you for the last 10 years be invited?
These kinds of problems come up more often in cases where children from a prior marriage don't agree with a later spouse. Or where the kids don't get along themselves.
Question: How can we avoid these problems?
Answer: A new Ohio law, which when into effect last October, gives every Ohioan the right to pick the person who should make decisions about our body at death. It can be family or a friend, anyone. And you can give written instructions how you want things done, too.
Question: Is there a form we need to fill out?
Answer: Yes there is. The new Ohio law sets a number of requirements that must be met. Your written statement must include:
- Your name and address.
- The name, address and phone of your representative, and if you wish, a successor in case your first choice can't serve.
- A statement that your representative's decisions are binding.
- And it must be signed before 2 witnesses or a notary.
Question: Where should you store it?
Answer: Give a copy to the person you've named to make the decisions, and keep another with your will and other important papers.
Question: What happens if we don't appoint a representative in writing?
Answer: The new state law says who can make the decisions, and it may not be who you wish. For example, your spouse, even in a second marriage, takes precedence over your kids. Your child, even one you don't talk to, takes precedence over your parent or sibling.
You don't make your own choice, a probate judge can override the list set in the law and make a choice. And that will mean your family will be in court.
Jennifer's advice is "dead on." If you want to rest in peace, talk to your lawyer and take the time now to appoint someone you trust to make the final decision. You don't need to be Anna Nicole Smith with millions of dollars at stake to have family burial battles.
