What Are Funeral Directives?
Funeral directives, also known as final disposition instructions or funeral pre-planning documents, are legal documents that outline your wishes for what happens to your body and how your funeral or memorial service should be conducted after you pass away.
These directives provide clear guidance to your family members about your preferences, relieving them of the burden of making difficult decisions during an already emotional time. Your funeral directives can cover everything from burial vs. cremation to the type of service you want.
In Washington State, you can designate a "funeral representative" to carry out your wishes and make decisions about your final arrangements. This ensures your preferences are honored even if family members disagree.
Benefits of Creating Funeral Directives
Taking the time to document your funeral wishes provides numerous benefits for both you and your loved ones.
Ease the Burden on Family
When you've documented your wishes, your family doesn't have to guess what you would have wanted. They can focus on grieving and supporting each other rather than making stressful decisions.
Prevent Family Disputes
Clear directives can prevent disagreements among family members about burial vs. cremation, religious ceremonies, or other sensitive matters that might otherwise cause conflict.
Express Your Personal Values
Your funeral or memorial service is a final opportunity to express who you were. Funeral directives let you plan a service that reflects your personality, beliefs, and values.
Control Costs
By specifying your preferences in advance, you can help control funeral costs and prevent family members from overspending out of guilt or uncertainty about what you wanted.
Ensure Legal Compliance
A properly executed funeral directive ensures your wishes are legally binding in Washington State, giving them greater weight than informal verbal requests.
Peace of Mind
Knowing that your final wishes are documented and will be honored provides peace of mind, allowing you to focus on living your life fully.
What to Include in Your Funeral Directives
Your funeral directives can be as detailed or as general as you prefer. Here are some common elements to consider:
- Disposition of Remains: Burial, cremation, donation to science, or other options
- Funeral Representative: The person authorized to carry out your wishes
- Type of Service: Traditional funeral, memorial service, celebration of life, or no service
- Religious or Cultural Traditions: Specific rituals, prayers, or customs you want observed
- Location Preferences: Specific cemetery, church, funeral home, or other venue
- Music and Readings: Specific songs, hymns, poems, or scriptures
- Memorial Contributions: Preferred charities for donations in lieu of flowers
Funeral Trusts: Prepaying for Your Final Expenses
A funeral trust, also known as a burial trust or preneed funeral trust, is a specialized trust designed to set aside funds specifically for your funeral and burial expenses. This can be an important tool for both estate planning and Medicaid planning.
Benefits of a Funeral Trust
- Lock in today's prices for future funeral services
- Protect funds from being used for other purposes
- May be exempt from Medicaid spend-down requirements
- Relieve family members of financial burden
- Ensure funds are available when needed
Irrevocable vs. Revocable Funeral Trusts
An irrevocable funeral trust cannot be changed once established, which makes it exempt from Medicaid asset calculations. A revocable funeral trust can be modified but may count as an asset for Medicaid eligibility purposes.
Funeral Directives Under Washington State Law
Washington State law (RCW 68.50.160) gives individuals the right to control the disposition of their own remains. You can designate a "funeral representative" who has the legal authority to carry out your wishes, even if other family members disagree.
Without a written directive, the law provides a default order of priority for who can make decisions about your remains: your spouse, then adult children, then parents, and so on. This default order may not align with your preferences.
Your funeral directive should be signed and dated. While notarization is not strictly required, it can help prevent challenges to the document's validity. You should provide copies to your funeral representative, family members, and your estate planning attorney.
Important: Your funeral directive is separate from your Last Will and Testament. Because wills are often not read until after the funeral, it's important to have a separate document for your funeral wishes that can be accessed immediately.