The best way to ensure that your wishes are carried out is to name a Durable Healthcare Power of Attorney (DPOA). In Georgia, when a person is unable to represent himself—for instance, when he or she is in a coma, battling dementia from Alzheimer's or other causes, or has died—the next-of-kin is required to speak on his or her behalf.
The law states that the legally authorized agent (next-of-kin) must also sign the required forms for cremation. If the person was married, his or her spouse authorizes the cremation. If the deceased was widowed, divorced, or unmarried, a two-thirds majority of children must sign the authorization prior to cremation. This can be difficult when one or more of the children lives elsewhere, is estranged from the parent, or does not agree to the cremation and refuses to provide his or her signature on the authorization for cremation form. In these cases, burial is the only option, unless the children petition the Probate Court for resolution. These cases usually take a minimum of four weeks to resolve and cremation cannot occur until the matter is settled and the proper authorizations are secured.
A Healthcare Directive (formerly the Durable Power of Attorney for Healthcare) remains binding during incapacitation or death and usually names one or two persons to jointly authorize medical procedures and disposition of the body. When creating this free document, you can name anyone as your DPOA and he or she is authorized to make decisions on your behalf without the approval of any other person, spouse, child, or family member. It is best to select someone who you are confident will represent and execute the wishes detailed in your Protected Lifetime Membership with the cremation society.
Call Today: (800) 474-0448
or
