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Funeral | Respecting Wishes

FuneralWhen planning a funeral for a loved one, you want to ensure that you are following the wishes of the departed. Their wishes should take precedent over your own beliefs or tastes- particularly if you’re planning a funeral in Arizona. Here are the reasons why:

  • If their wishes for their funeral or burial are drafted in a formal will, you are legally bound to fulfill them. The state  has a personal preference law in Arizona Statute Title 32-1365.01 that gives a person the right to authorize his or her own cremation or disposition in writing. The law clearly states that no one else’s consent – not a spouse’s nor an adult child’s – is required.
  • Arizona allows citizens to appoint an agent to have the authority to make funeral and burial arrangements within the form for a durable healthcare power of attorney. You can find this right in statute 36-3221.

However, there are some other Arizona statutes that seem to conflict with these, so it’s advisable that you seek consultation with an attorney if you need clarification.

Non-legal reasons you should honor the wishes of the deceased/dying’s funeral, burial or cremation request:

  • Less emotional strain on you and the family over the long-term.
  • You don’t want to make a farce of the deceased’s customs, beliefs and life overall.

The only instances the deceased’s wishes may be considered for override are:

  • Highly impractical – for example, if they want their ashes scattered over the mouth of a now active volcano (it may not have been active at the time they drafted their will).
  • If it’s illegal.
  • If it’s financially burdensome.

Otherwise, a court will likely support all other requests of the deceased.

Mountain View Funeral Home and Cemetery realizes that respecting the deceased’s wishes can be a challenge. Our caring staff and funeral director is here to assist you in every way we can. Contact us at 480-832-2850 or here.

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