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They're fighting over the body (Part 2): Appointment of Agent for Disposition of Remains

Posted by John Henry | Sep 10, 2014 | 0 Comments

Not at all uncommon, family members disagree over funeral, burial, and preparation decisions.  One way of giving guidance about your wishes as to the aforementioned decisions is to put detailed language in a last will and testament.  Besides memorializing these kinds of wishes in a will, during your lifetime, you may designate an agent in a document called the "Appointment of Agent to Control Disposition of Remains."

Section 711.002 of the Texas Health and Human Safety Code (a)(1) permits an individual to name an agent for just this purpose. It is important to note, too, that the agent not only has the right to make decisions but also bears the financial responsibility for the agency he or she has been granted.  Consequently, any agent or successor agents named in this appointment document must sign the document acknowledging their acceptance of the agency being granted. 

About the Author

John Henry

Texas Attorney John B. Henry, III, practices throughout Texas, including Harris County, Jefferson County, Galveston County, Fort Bend County and the surrounding counties. Mr. Henry is a native of Texas, and he brings his perspective and experience to represent his client with the knowledge and ca...


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