Planning a cremation ahead of time is a wonderful idea that can ease your family’s minds and allow them the space to grieve when the time arrives. Recently we’ve heard the question, ‘Can I sign for my own cremation ahead of time?’, so we wanted to dive into that in a little more detail to explain it.
While laws vary from state to state, in Ohio, a living person cannot sign for their own cremation ahead of time. Because of this, many people believe that their power of attorney will carry out that duty, but the power of attorney terminates upon death.
People also believe the executor of their estate will sign for their cremation. That is possible, but an executor needs to be appointed by the courts, and the individual’s Will must state that their wishes are to be cremated. Appointments of an executor by the courts may delay the cremation process.
At the time of need, the State of Ohio (specified in Section 2108.72 of the Ohio Revised Code) established the priority list of the right to authorize an individual’s cremation, respectively:
- A written instrument signed by the decedent
- The decedent’s spouse
- Majority of children over 18 years old
- Surviving parents
- Majority of siblings
- Majority of any other surviving family members
- The decedent’s guardian at the time of death
- Any person willing to carry out the disposition after attesting in writing that a reasonable faith effort has been made to locate anyone in the above classes
The State of Ohio also offers an Appointment of Representatives form. This document can authorize another person who may not have the right of disposition to carry out the cremation authorization, such as a relative, attorney, or friend, to sign for their cremation at the time of death.
The Appointment of Representative Form is a helpful instrument when a person’s next of kin, such as multiple children residing in many locations, makes it hard to authorize the cremation. Additionally, family issues can make it difficult when a next of kin refuses to authorize the cremation.
We know planning your own cremation and final wishes can be daunting and difficult. That’s why we’re committed to making it as simple as possible every step of the way. Have a look at our checklist for planning an affordable and simple cremation to get started. You can also give us a call at 513-991-1369 or get a quote with our online quoting tool here. We’re always standing by to answer any questions you may have.
The information provided in this blog and on our website does not, and is not intended to, constitute financial or legal advice. All information, content, and materials available on this site are for general information purposes only. Information on this website may not constitute the most up-to-date legal or other information.