Estate planning is often focused on the big picture: wills, trusts, and powers of attorney. These are great tools for estate planning but one critical detail often overlooked is who will handle your funeral arrangements. In Michigan, a funeral advocate designation ensures your wishes for your final arrangements are respected. But what exactly is a funeral advocate, and why should you include one in your estate plan?
What Is a Funeral Advocate Designation?
A funeral advocate (also known as a funeral representative) is a person you legally appoint to oversee your funeral and burial or cremation arrangements after your death. Michigan law (MCL 700.3206 and 700.3206a) allows individuals to designate someone to handle these matters, which can be critical in ensuring your preferences are honored. The advocate is granted legal authority to make decisions about the disposition of your body, including choosing between burial, cremation, or alternative methods, organizing the service, and even determining how your remains are handled.
Why Is a Funeral Advocate Designation Important?
Without a designated funeral advocate, decisions about your funeral may fall to family members, potentially leading to conflicts. A common estate planning strategy is to choose a trusted relative or friend to make financial decisions (successor trustee, personal representative, and/or attorney in fact) and pick a different individual to make medical decisions (patient advocate). If the client has not designated a funeral advocate, there can be conflict between the financial and medical decision maker on who will be able to make funeral decisions.
Appointing a funeral advocate ensures that someone you trust makes these decisions according to your instructions. Whether you want a specific type of service or have particular cultural or religious wishes, the advocate will be responsible for carrying them out. It provides peace of mind, knowing that one person—rather than several family members—has the final say.
How to Designate a Funeral Advocate in Michigan
To legally appoint a funeral advocate in Michigan, you must include this designation in a signed and notarized document. It’s essential to clearly state the advocate’s name and outline any specific instructions regarding your funeral.
When you obtain your estate plan from Wakefield Law, PC, you will be provided with a Funeral Advocate Designation and a form that allows you to write out your specific wishes regarding your wishes and desires for how your funeral will be arranged.
What Are the Benefits of Having a Funeral Advocate?
- Clear Direction: A funeral advocate ensures your funeral plans are executed exactly as you intend, reducing uncertainty and guesswork for your loved ones.
- Conflict Prevention: Designating one person to oversee your funeral prevents disputes among family members who may have different opinions about your wishes.
- Relieves Emotional Burden: Planning a funeral can be an emotional and stressful process. By appointing an advocate, you spare your loved ones the responsibility of making difficult decisions while grieving.
- Honoring Specific Wishes: If you have particular preferences regarding your funeral, such as religious customs, environmental considerations, or the location of your final resting place, a funeral advocate ensures those wishes are fulfilled.
Conclusion
Including a funeral advocate designation in your estate plan is a crucial step in ensuring your funeral arrangements are handled according to your wishes. It helps prevent family conflicts, provides clarity, and eases the emotional burden on your loved ones. If you’re updating your estate plan or creating one for the first time, consider including this designation to guarantee your final wishes are respected.
**This article is meant for informational purposes only. Please recognize that nothing in this article constitutes legal advice. If you have any questions, comments, or seek legal assistance, please contact one of the attorneys at Wakefield Law, P.C.