Legal Question in Wills and Trusts in Ohio
my mother is dying, went to make cremation arrangements, funeral director stated I needed 2/3 majority family to sign for cremation, have not seen or spoken to 2 older sibling in over 20 years nor has my mother, is there a way around 2/3's?
1 Answer from Attorneys
I am sorry to learn that you are losing your mom.
Yes, there is absolutely something that can be done to easily address this situation.
Your mother has the right under a fairly new Ohio law (section 2108.70 of the Ohio Revised Code) to designate a person, which could be you, to have the legal right to make all decisions regarding final arrangements and the disposition of her bodily remains.
An experienced estate planning or elder law attorney should be familiar with this law and should be able to prepare an appropriate legal document for your mother to sign. Of course, your mother must have proper capacity, meaning she must understand the effect of the document which she would be signing.
If I can be of further assistance to you, my office is located in Westlake, Ohio, and I can be reached at 440.899.7710.
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