™
™Disposition of Remains,
Duty To Inter
This form may be used to assign someone the right
to control the disposition of your body, whether by cremation or burial
If you cannot print this form, please feel free to drop by our offices for a copy!
Printable Version of
Disposition of Remains, Duty To Inter
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HEALTH AND SAFETY CODE CHAPTER 711GENERAL PROVISIONS RELATING TO CEMETERIES TITLE 8. DEATH AND DISPOSITION OF THE BODY SUBTITLE C. CEMETERIES AND CREMATORIES CHAPTER 711. GENERAL PROVISIONS RELATING TO CEMETERIES Sec. 711.002. DISPOSITION OF REMAINS; DUTY TO INTER.A(a) Unless a decedent has left directions in writing for the disposition of the decedent’s remains as provided in Subsection (g), the following persons, in the priority listed, have the right to control the disposition, including cremation, of the decedent’s remains, shall inter the remains, and are liable for the reasonable cost of interment:(1) the person designated in a written instrument signed by the decedent;(2) the decedent’s surviving spouse;(3) any one of the decedent’s surviving adult children;(4) either one of the decedent’s surviving parents;(5) any one of the decedent’s surviving adult siblings; or(6) any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.(b) The written instrument referred to in Subsection (a)(1) shall be in substantially the following form:
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APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS I, _____________________________________________________________________, (your name and address) being of sound mind, willfully and voluntarily make known my desire that, upon my death, the disposition of my remains shall be controlled by _________________________________________________________________________ (name of agent) in accordance with Section 711.002 of the Health and Safety Code and, with respect to that subject only, I hereby appoint such person as my agent (attorney-in-fact). All decisions made by my agent with respect to the disposition of my remains, including cremation, shall be binding. SPECIAL DIRECTIONS: Set forth below are any special directions limiting the power granted to my agent: ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ AGENT: Name: ____________________________________________________ Address: _________________________________________________ Telephone Number: ________________________________________ Acceptance of Appointment: ________________________________ (signature of agent) Date of Signature: ________________________________________ SUCCESSORS: If my agent dies, becomes legally disabled, resigns, or refuses to act, I hereby appoint the following persons (each to act alone and successively, in the order named) to serve as my agent (attorney-in-fact) to control the disposition of my remains as authorized by this document: 1. First Successor Name: ____________________________________________________ Address: _________________________________________________ Telephone Number: ________________________________________ Acceptance of Appointment: ________________________________ (signature of first successor) Date of Signature: ________________________________________ 2. Second Successor Name: ____________________________________________________ Address: _________________________________________________ Telephone Number: ________________________________________ Acceptance of Appointment: ________________________________ (signature of second successor) Date of Signature: ________________________________________ DURATION: This appointment becomes effective upon my death. PRIOR APPOINTMENTS REVOKED: I hereby revoke any prior appointment of any person to control the disposition of my remains. RELIANCE: I hereby agree that any cemetery organization, business operating a crematory or columbarium or both, funeral director or embalmer, or funeral establishment who receives a copy of this document may act under it. Any modification or revocation of this document is not effective as to any such party until that party receives actual notice of the modification or revocation. No such party shall be liable because of reliance on a copy of this document. ASSUMPTION: THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY THE PROVISIONS OF, SECTION 711.002 OF THE HEALTH AND SAFETY CODE. Signed this ________ day of _____________________, 19___. __________________________ (your signature) State of ____________________ County of ___________________ This document was acknowledged before me on ______ (date) by _____________________________ (name of principal). _________________________________ (signature of notarial officer) (Seal, if any, of notary) _________________________________ (printed name) My commission expires: _________________________________ |