What is a Bodily Remains Agent?
Under Fla Statute 497.005 (43) (c) (a), allows for you to provide the direction for disposition of your remains and appoint the person (and priority of alternate persons) that you wish to be in charge of making arrangements.
What happens if I don't make a declaration?
Under the same statute, if you do not provide advanced written instructions, the priority for decision-making on the disposition of a decedent's remains are:
- the surviving Spouse (unless the spouse has been arrested for committing domestic violence that resulted in or contributed to the death of the deceased;
- a son or daughter who is over 18 years of age;
- a parent;
- a brother or sister who is 18 years of age or older;
- a grandchild who is 18 years of age or older; or
- finally, and person in the next degree of kinship.
If there is no one in the above class of family members that is available or willing to assume the roles as the "legally responsible individual", the Florida Statutes allows for unrelated parties in authority, such as a nursing home director, to provide authorization for disposition.
Please note that if you have an unmarried partner, you must make a written authorization for this person to be in charge of your funeral arrangements. The written authorization of your designation of bodily remains agent is critical.
Give us a call. We can help.
Law Office of Shawn C. Newman, P.A.
710 Northeast 26th Street
Wilton Manors, FL 33305-1238
Phone: (954) 563-9160
Serving all of the greater Fort Lauderdale area and Broward, Palm Beach, and Miami-Dade counties in Southern Florida.
