Legal Question in Wills and Trusts in New Jersey

Mothers last wish

I have Power of attorney of my Mothers estate . I also care for my mother for the past 4 1/2 years who is stricken with congestiuve heart failure and is disabled .

her family has refused her any help or assistance at all and my mother wishes to have a closed casket because of of her families refusal to help her in any way . her sister owns the funeral home where my mother will be going . can I stop her sister and the funeral home from altering my mothers last wishes , and where do i stand legally ?

thank you


Asked on 4/10/05, 8:54 pm

1 Answer from Attorneys

Re: Mothers last wish

You mother can make a Proxy and Advance Directive for Health Care. In this document she can speciffy not only what medical procedures she wants or doesn't want taken but can also express her wishes about her funeral which are legally binding! In this document she can also name a Health Care Representative who is similar to an agent under a Power of Attorney but a Power of Attorney expires upon your mother's death so if she feels strongly about this she should make out this Proxy and Advance Directive which is sometimes referred to as a "Living Will" but actually does much more. This document does not have to be notarized or even witnessed although it would be better if it was to make it more difficult to challenege but if it's in your mother's handwriting or at least signed by her, it is legally enforceable and you would have the exclusive power to carry out her funeral wishes.

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Answered on 4/13/05, 8:00 am


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