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If a person dies, who has legal rights to decide what happens…

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If a person dies, who...
If a person dies, who has legal rights to decide what happens to his remains, family or friends
Submitted: 8 years ago.Category: Legal
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Answered in 3 minutes by:
6/9/2010
Lawyer: legallysound, Attorney replied 8 years ago
legallysound
legallysound, Attorney
Category: Legal
Satisfied Customers: 1,333
Experience: Wills, Trusts, Corporate, Business, Contracts, Real Estate, Pre-nuptial agreements, Landlord-tenant
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Thank you for using Just Answer.

 

If the decedent signed an Advance Health Care Directive or Health Care Power of Attorney --- and named someone to act on his behalf (his "Agent"), then that Agent is in charge of all such decisions for the disposition of his remains.

 

If no such document was signed, then the closest family member -- NOT friends -- would be the person who has this authority.

 

Thank you. Please press the GREEN "ACCEPT" button so proper credit is provided for your Answer.

legallysound
legallysound, Attorney
Category: Legal
Satisfied Customers: 1,333
Experience: Wills, Trusts, Corporate, Business, Contracts, Real Estate, Pre-nuptial agreements, Landlord-tenant
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Customer reply replied 8 years ago

If a person signs a health care directive, and assigns someone other than his/her family as the person to act on his behalf, then does that person has financial responsiblity to pay the cost associated with disposure of his remains and bills associated with his health care as well?

Lawyer: legallysound, Attorney replied 8 years ago

Absolutely not. The person named is NOT personally liable for ANY costs. If the decedent has assets, the Executor is obligated to pay any costs of last illness, funeral, etc. from the estate...before any beneficiary inherits anything.

 

This would be the case whether the person named as the Agent on the health care directive IS or IS NOT a family member. Only the decedent's estate is responsible for any bills. Does that help?

 

 

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