In Tennessee, you may name the person who will carry out your funeral arrangements. You can also provide detailed instructions about your final wishes and set aside funds to cover your funeral expenses, including the costs of burial or cremation.
Tennessee law determines who can make decisions about funerals and body disposition -- that is, burial or cremation -- after someone dies. If you make an advance health care directive or durable power of attorney for health care, you can give this authority to the person you name as your health care agent, sometimes called your “attorney-in-fact.” (Tennessee Code § § 34-6-204(b)(3).) Otherwise, the power goes to your next of kin.
Naming an agent. For more information about naming an agent in an advance directive or health care power of attorney, see Tennessee Living Wills and Advance Health Care Directives.
To make a Tennessee advance directive or health care power of attorney that appoints your health care agent to carry out your final plans, you can use Nolo’s Quicken WillMaker Plus software.
If you are in the military. You may name the person who will carry out your final wishes in the Record of Emergency Data provided by the Department of Defense.
The average cost of a funeral is more than $7,000, according to the National Funeral Directors Association. This figure doesn’t cover many common expenses such as cemetery costs, markers, flowers, or obituaries. For many people, after a house and a car, funeral goods and services are the most expensive thing they’ll ever buy. It’s wise to make a plan to pay for these costs.
You have two basic options for covering your funeral expenses, including the costs of burial or cremation. You can:
If you don’t do either of these things, your survivors must cover the costs of your funeral arrangements.
Paying in advance. If you want to pay for your funeral arrangements ahead of time, make sure you’re dealing with a reputable funeral establishment and clearly document any plans you make, so your survivors can easily carry them out. Though the law requires providers of funeral goods and services to carefully manage your funds (see the Tennessee Prepaid Funeral Benefits Act), abuses do happen. What’s more, if a funeral establishment goes out of business, your careful planning may be lost.
For more information, see The Prepaid Funeral and Its Perils.
Setting aside funds. The safest and easiest way to cover the costs of your final arrangements is to estimate costs and tuck away the funds in an easily accessible, interest-earning bank account. You can designate a beneficiary who can claim the funds immediately after your death. Make sure the beneficiary understands what the money is for, however, and that you trust him or her completely, because the beneficiary is under no legal obligation to use the funds for your final arrangements.
For more information about setting up an account to cover the costs of your final arrangements, see Payable-on-Death (POD) Accounts: The Basics.
Beyond simply naming someone to carry out your final plans, letting your survivors know what kind of funeral arrangements you want -- including your wishes for ceremonies and whether you want to be buried or cremated -- will save them the difficulty of making these decisions during an emotional and stressful time. You can include detailed final instructions with your advance directive or health care power of attorney.
Nolo offers several tools to help you document your wishes for final arrangements. Each one walks you step-by-step through the process, so you won’t miss any important issues.
While there are many ways to write down your wishes for final arrangements and make them clear, here’s a firm piece of advice to follow: Don’t put them in your will. Your will may not be read until weeks after your death -- far too late to help your survivors. It’s better to prepare a separate document.
Store your final arrangements paperwork in a safe place and be sure your loved ones know where to look when the time comes. It may be helpful to make copies and tell them where to find the originals when they’re needed. If you do so, be sure to keep a list of everyone with copies, in case you need to get them back and change them later.
To find the rules covering funeral arrangements in Tennessee, including consumer protection information, see the website of the Tennessee Board of Funeral Directors and Embalmers.
To learn more about making your final arrangements, see Getting Your Affairs in Order on Nolo.com.
For details on the rules that control disposing of remains in Tennessee, see Burial and Cremation Laws in Tennessee.