Who Can Plan a Cremation?

Planning a cremation for a loved one is usually carried out by the next of kin but it can be arranged by any family member or representative as long as the executor of the deceased’s estate has no objection to this.

When people get older they may appoint an Enduring Power of Attorney to help look after their affairs.  This person has the legal power to act on a person’s behalf in all matters while they are still living.  Some believe their nominated Enduring Power of Attorney is the lawful person who has the final say when it comes to ensuring their funeral directions are carried out.  They are not aware that this “Enduring Power of Attorney “ceases at the time of death though this person can still carry out the cremation arrangements on their behalf.  However it is now the person appointed executor of the estate who has the final say.

It is a good idea to have a Will regardless of the value of your estate.  It is the only legal way to make sure that those you care about will benefit from any property or other assets you leave behind.  If you do not have a legal will then your property and assets will be disposed of under the rules of intestacy and it’s possible the distribution of your property may not be as you would have wished.

A Will is also important because it names the executors that are responsible for administering your estate and in the event of any dispute, have the final say in your funeral arrangements.

Although funeral directions left by you are not strictly enforceable in the legal sense they do create a moral obligation and should be carried out if possible.

In Queensland it is compulsory that the death of a person is registered with the Registrar of Births, Deaths and Marriages within 14 days of the death occurring.

The Information Needed For This is Supplied by:

• The doctor who completes the cause of death certificate
• The next of kin, family member or representative who supplies personal information, and the funeral director who provides burial or cremation details

Once Dignified Cremations has the personal information required they will lodge it with the Registrar of Births,  Deaths and Marriages on your behalf.

When completing the personal information questions, if you are unable to answer a question please write “not known” in the allocated space.