Making Your Exit

So far, everyone that has lived on this earth has died. There are some unique exceptions to this statement in the scriptures, but few of us will qualify for such an exception and be mentioned in scripture.

Knowing we will eventually “cash in our chips,” it becomes worthwhile to take a few minutes to consider how we plan on making our exit from this life. In each country and age, various methods were devised to dispose of a person’s remains. In Egypt, Pharaohs were preserved, sometimes along with living family, pets and servants. Elaborate tombs, some of which were pyramids, held their remains for centuries. In Viking funerals, some were placed in a boat. The boat would be filled with valued items including weapons and jewels. Sometimes the boat was then buried under a large mound of dirt on land. On occasion, some boats were set on fire and launched into the sea.

In Utah, we have laws that define what is acceptable practice for disposing of your remains. Cremation and burial have been the go-to options for many years. Last year, a bill was introduced in the state legislature to allow remains in Utah to be mulched. The technical term is “natural organic reduction.” This process composts your remains to create a soil that could be used to grow something. The bill failed last year, partially due to a concern that some might place the soil in a garden used to grow food. The bill has returned this year, and may yet get approval with enough support. If the bill is not approved, it is still possible to pay for this service to be handled in another state where it is already legal.

Some of my clients have expressed an interest in cremation, but were concerned that it might be frowned upon by their church leaders. For members of the Church of Jesus Christ of Latter-day Saints, this is no longer true. A clear statement is made in the publicly accessible Church Handbook, section 38.7.2 titled “Burial and Cremation.” Two main points of this section state:

“The family of the deceased person decides whether his or her body should be buried or cremated” and “Members should be reassured that the power of the Resurrection always applies.” These statements seem to make it clear that cremation is an appropriate option for church members who desire it.

Cremation can be popular for many reasons. It is normally much cheaper than burial. Options after cremation are nearly unlimited.

In Utah, ashes can be held by your heirs, or placed in a crypt, niche, or grave. Some cemetaries in Utah allow multiple cremated urns to be buried in the same burial plot. Utah law allows for ashes to be scattered on uninhabited public land, the sea, or other public waterways. Ashes can also be scattered on private land, as long as you have written permission from the owner of the land. This means no scattering your ashes on a famous person’s front yard without their consent. Or leaving them at a theme park. Disneyland has reported that they shut rides down as often as monthly to clear ashes scattered on a ride. At a minimum, scattering ashes on private property can get you banned, but it could also result in more serious charges requiring you to explain your choices to a judge.

A large number of ways to store or disperse ashes have developed over the past few years. In Korea it has become popular to have ashes pressed into colorful beads that can be put on display in your home. Ashes can also be mixed with paint and then used to create art, sometimes in a portrait of the deceased. Ashes can be placed in an hourglass and used on family game night. Ashes can be pressed into an artificial diamond and placed on jewelry. Ashes can be placed in fireworks to allow you to go out with a bang. A company in New Mexico will even launch a vial of ashes into space.

The University of Utah offers a program where you can apply to have your body donated to science for study and donation of organs. This service includes an eventual cremation for free before your ashes are given to your loved ones.

Making your wishes known:

There are many ways to make your wishes known regarding your preferences for the disposition of your remains. Some will write their wishes into a handwritten will. This requires little time or expense, but may not include issues you didn’t think of at the time.

Another document is a Health Care Directive. This document spells out who you wish to serve as your agents. These agents will speak for you when you are unable to communicate on your own. In the directive, you can define how much authority you give your agents and even spell out what circumstances should result in the choice to allow you to die.

One popular case where someone did not sign a Health Care Directive was a young married woman in Florida. She suffered a brain injury that took away all comprehension of her surroundings and total inability to care for herself. This condition is often referred to as being “brain dead.” When doctors were unable to revive this woman, her husband sought court approval to remove her feeding tube to allow her to die. The court gave its approval. But before her death, this woman’s parents sued to have the feeding tube returned. The next 10 years showed the husband and the parents fighting in the state courts, the state legislature, the federal courts, the federal legislature, the Supreme Court, and even the President got involved. None of this would have occurred if this woman had signed a Health Care Directive, naming the person she trusted most to make health care decisions as her agent. Whether this person was her husband or a parent, that person would have legal authority to make final decisions like these.

In addition to the Health Care Directive, I like to offer a document that allows you make any specific wishes known regarding the disposition of your remains, as well as naming a representative that will have authority to make decisions for you. This might include choose the location of your burial. Or even giving someone permission to scatter your ashes at a specific location.

At Prigmore Law, we love to chat with everyone about estate planning. No matter what may be on your mind, I would love to share my knowledge and help you make choices now to make things easier for your loved ones later. Text us today to set up a free consultation at 801-410-8992.