Creighton McLean & Shea PLC

New Law Regarding Designating a Funeral Representative

Currently, the law in Michigan states when a person dies, his surviving spouse has the authority to make all decisions regarding funeral and burial; if he has no surviving spouse, his adult children have the authority to make those decisions regarding funeral and burial;

 if he has no surviving spouse, his adult children have the authority to make those decisions.But Act 57 of Public Acts of 2016, effective June 27, 2016, authorizes a person to select a particular person to make those decisions, and an alternate. The new law states that a person who is of sound mind (the "declarant") may designate a ""funeral representative" who is 18 years or older. The designation must be in writing, dated, signed by the "declarant," and either witnessed by two adults or notarized. The funeral representative designation may be contained in the declarant's Will, or a Patient Advocate Designation, or in a separate writing.If you feel the need to designate some person to oversee your funeral and burial arrangements, see one of the estate planning attorneys at Creighton McLean & Shea PLC. 

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