New(er) Tool for End-of-Life Planning
Written by: Lisa Bayer, J.D., CCM
I recently attended a professional presentation on end-of-life care and questions arose regarding the procedure to follow when someone dies. A last will and testament typically speaks to this. But, what if there is no will? What if there is a will but is it not in the possession of someone available to interpret it? If not, who gets to decide what happens to a loved one’s body? What if one family member wants cremation and another wants a traditional chaplain service and cemetery burial?
I have been practicing care management for more than 17 years and while this has never come up, I can see instances where it might. Twice I had the honor and privilege of being with the family when my client passed away. In both instances, everyone was in agreement, and we knew who to call and what to do.
But what if there is no one? I have a client who is a solo ager with no family. So as not to burden his friends, he named his accountant as his power of attorney and health care representative. I know where he keeps a copy of his will in his home, but I have no authority myself to make any decisions—nor can I even enter his home without permission.
At the professional presentation mentioned above I learned about a new planning tool to help with this scenario and I have started sharing it with my New Jersey clients at onboarding when appropriate. It is called an “Appointment of Agent to Control the Funeral and Disposition of Remains” and it is in accordance with **N.J.S.A. 45:27-22. What is important here is that the client is in control of, and decides who will oversee, what happens to his or her body after death. The form does need to be witnessed and notarized so there could be some logistical challenges if it is necessary to bring a notary to the client and, of course, the client needs to have sufficient cognitive capacity to understand and sign such document.
While this form may not be right for everyone, it allows me as a professional an opportunity to provide support to, and promote autonomy of, choice, for my clients and their families which is a hallmark of my care management philosophy and practice.
If you would like to learn more about end-of-life planning or if you live in New Jersey and would like us to send you a link to this form please reach out to us at: Hello@LMReldercare.com or call us at: 973.533.0839.
**While the form mentioned above is specific to New Jersey, other states have similar forms and regulations.