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

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Disposition of Remains, Duty To Inter


HEALTH AND SAFETY CODE CHAPTER 711

GENERAL 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 decedents 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:

 

 

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:

_________________________________

 

(c)    A written instrument is legally sufficient under Subsection (a)(1) if the wording of the instrument complies substantially with Subsection (b), the instrument is properly completed, the instrument is signed by the decedent, the agent, and each successor agent, and the signature of the decedent is acknowledged. Such written instrument may be modified or revoked only by a subsequent written instrument that complies with this subsection.

(d)    A person listed in Subsection (a) has the right, duty, and liability provided by that subsection only if there is no person in a priority listed before the person.

(e)    If there is no person with the duty to inter under Subsection (a) and:

(1)   an inquest is held, the person conducting the inquest shall inter the remains; and

(2)   an inquest is not held, the county in which the death occurred shall inter the remains.

(f)   A person who represents that the person knows the identity of a decedent and, in order to procure the disposition, including cremation, of the decedent s remains, signs an order or statement, other than a death certificate, warrants the identity of the decedent and is liable for all damages that result, directly or indirectly, from that warrant.

(g)   A person may provide written directions for the disposition, including cremation, of the person s remains in a will, a prepaid funeral contract, or a written instrument signed and acknowledged by such person. The directions may govern the inscription to be placed on a grave marker attached to any plot in which the decedent had the right of sepulture at the time of death and in which plot the decedent is subsequently interred. The directions may be modified or revoked only by a subsequent writing signed and acknowledged by such person. The person otherwise entitled to control the disposition of a decedent s remains under this section shall faithfully carry out the directions of the decedent to the extent that the decedent s estate or the person controlling the disposition are financially able to do so.

(h)  If the directions are in a will, they shall be carried out immediately without the necessity of probate. If the will is not probated or is declared invalid for testamentary purposes, the directions are valid to the extent to which they have been acted on in good faith.

(i)  A cemetery organization, a business operating a crematory or columbarium or both, a funeral director or an embalmer, or a funeral establishment shall not be liable for carrying out the written directions of a decedent or the directions of any person who represents that the person is entitled to control the disposition of the decedent s remains.

(j)  In the absence of evidence of a contrary intent, it is presumed that a married woman directs that her name, as it appears on the grave marker for the plot in which she is interred, include the same last name she used at the time of her death.

(k)  Any dispute among any of the persons listed in Subsection (a) concerning their right to control the disposition, including cremation, of a decedent s remains shall be resolved by a court of competent jurisdiction. A cemetery organization or funeral establishment shall not be liable for refusing to accept the decedent s remains, or to inter or otherwise dispose of the decedent s remains, until it receives a court order or other suitable confirmation that the dispute has been resolved or settled.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 213, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 634, Sec. 2, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 967, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1385, Sec. 1, eff. Aug. 30, 1999.


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