Who Will Take Care of My Remains When I Die?

Who Will Take Care of My Remains When I Die?

            It is a well-established fact that none of us will not get out of this life alive.  Many of our clients wonder, “Who will take care of my remains when I die?”  Some clients want to be buried in a specific cemetery, some want to be cremated and have creative ideas about the disposition of their ashes. We have clients who want to donate their body to medical research while others do not want to make a decision and trust the family will do “what is right.”

If you have an option about disposition of your remains, i.e., cremation, specific funeral service or even a certain mortuary, it is important you provide written directions regarding the disposition of your body.  This can be included in your Last Will and Testament or another written directive acknowledged before a Notary Public or executed in the same manner required by a Will. 

If you specify your funeral wishes in your Will, you can change your mind without revoking or changing your Will.  You must provide specific written notice to your Personal Representative and to the mortuary, if you previously specified a particular mortuary.  This notice must be acknowledged as mentioned above.

Sadly, there are cases in which a decedent’s wishes were not honored by the family and costly litigation ensued.  In one case, a parent buried a child knowing the child had written a request to be cremated.  The child’s estranged spouse later tried to disinter the remains for cremation.  The courts became involved and the grief related to the loss of a loved one was compounded by the time and cost of the litigation.  Ultimately, the court determined the estranged spouse agreed to the burial which negated her ability to later argue the decedent’s wishes were to be cremated. 

Another case involved Gary Coleman from the TV program “Diff’rent Strokes” who died in Provo, Utah in 2010.  Mr. Coleman’s ex-wife and his parents both claimed the right to make funeral plans, and were in the process of doing so, when his manager Dion Mial was able to provide written documentation which directed Mr. Mial to oversee the Coleman estate and funeral arrangements.  In that case, the parents stopped their efforts after they reviewed the estate planning documents and determined they would honor their son’s wishes.

If you do not specify your wishes in writing, Utah law provides that the surviving spouse will have the authority to determine your disposition.  If there is no surviving spouse, Utah law provides a list of alternates and a method of priority.  By outlining your wishes with a written directive, the family will be able to honor you without additional stress.

JensenBayles, llp  provides a broad spectrum of legal services.  Thomas J. Bayles has been actively providing advice in the areas of trusts, wills, probate and tax planning in the St. George market for over 15 years. Please visit our web site www.jensenbayles.com or call 435-674-9718 and ask for Thomas J. Bayles or Phillip G. Gubler. The information in this article is for educational purposes only and is not intended to be construed as legal advice. Please contact an attorney for legal advice specific to your situation.

Phillip G. Gubler and Thomas J. Bayles, Attorneys at Law

 

Listening Fatigue and Hearing Loss.

Listening Fatigue and Hearing Loss.

Have you ever suffered extreme mental fatigue? Perhaps you felt this way after finishing an important examination or task that required intense concentration. It’s like running a marathon in your head—and when you’re finished, you just want to collapse.

A comparable experience develops in those with hearing loss, and it’s referred to as listening fatigue. Those with hearing loss pick up only partial or incomplete sounds, which they then have to make sense out of. With respect to understanding speech, it’s like playing a constant game of crosswords. Those with hearing loss are presented with context and a few sounds and letters, but in many cases they then have to fill in the blanks to decipher what’s being said. Language comprehension, which is supposed to be natural, turns into a problem-solving workout demanding deep concentration.

For example: Wh t wou d ou l ke n t e me u?

You most likely realized that the haphazard assortment of letters above spells “What would you like on the menu?” But you also likely had to stop and contemplate it, filling in the blanks. Just imagine having to read this entire article this way and you’ll have an appreciation for the listening demands placed on those with hearing loss.

Appropriately fit hearing instruments – hearing instruments help to “fill in the blanks,” thus avoiding or reducing listening fatigue. Hearing aids help us reduce the amount of energy we spend listening and communicating by making it easier to hear sounds and speech in a variety of environments. Because the hearing aid helps to restore the sounds that are missed with hearing loss, the brain uses less energy understanding it. Modern day hearing aids now come with features that help reduce listening fatigue by isolating and amplifying the sounds you want to hear and significantly reducing or removing the noises you don’t.

Advanced Hearing & Balance Specialists have provided the area’s most trusted hearing and balance services for many years. With offices in 9 communities throughout Southern Utah and Nevada, we make it convenient for you to receive the highest levels of care. We support research and development of the newest hearing technologies and treatment for hearing loss and balance disorders.  We always put our patient’s concerns first, matching each individual’s needs with the treatments and tools, which fit their lifestyle.  For an appointment with a Doctor of Audiology at any one of our 9 locations, call 435-688-8866 or 800-548-0356.

Dr. Jacob Burrows

Jacob Burrows, Au.D, FAAA