In the state of New Jersey, you have the right to appoint a funeral agent to ensure that your final wishes are carried out to your plan. The funeral agent's right to control your disposition supersedes the rights of all others including spouse, civil union and domestic partners, children, parents, and siblings.
To appoint a valid funeral agent, it must be done in a Will or Codicil. If you are interested in appointing a funeral agent, speak with your attorney about designating a funeral agent according to N.J.S.A. 45:27-22. The Will would either be drawn up or amended to reflect a language similar to what follows:
Appointment of Funeral and Disposition Representative "I hereby nominate, constitute and appoint (insert appointed person's name) to serves as my Funeral and Disposition Representative, pursuant to N.J.S.A. 45:27-22. My Representative shall have the authority and power to control the arrangements for my funeral and the disposition of my remains. My Executor shall notify my Representative of this appointment, and shall advise my Representative of the financial means available to carry out the Funeral and Disposition arrangements. In the event (insert appointed person's name) should predecease me or for some other reason not qualify to serve as my Funeral and Disposition Representative, then I nominate, constitute and appoint (insert appointed alternate person's name) as my Funeral and Disposition Representative."
Funeral Directors should NEVER be appointed as a funeral agent.
