When 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.