Businesses and Professions

CHAPTER 5-33.3
Funeral Planning Agent Designation

SECTION 5-33.3-4

   § 5-33.3-4  Form of designation. – (a) The designation provided for in section 5-33.3-3 may be in substantially the following form:

   I, (PRINCIPAL), do hereby name and designate (PRIMARY AGENT) as my primary funeral planning agent, or if he/she is unwilling or incapable (ALTERNATE AGENT) as my alternate funeral planning agent, who shall have the sole responsibility and authority to make any and all arrangements and decisions regarding my funeral preparation and planning, burial or disposition of my remains, including cremation, upon my death, pursuant to the provisions of § 5-33.2-24. By signing this document, the aforementioned agent(s) agree to ensure payment for all outstanding expenses related to my funeral. The agent further certifies that if I am a non-relative to the agent, then I am the only non-relative for whom the agent is serving as a funeral planning agent. This document shall revoke and shall make null and void any and all previous designations of a funeral planning agent.

   Witness: ]]]]]]]]]]]]]]]]]] Principal:


   (Name and address of Witness) ]]]] Name and address of Principal:

   Dated: ]]]]]]]]]]]]]] Dated:

   Primary Agent: ]]]]]]]]]]]]]] Alternate Agent:

   Name and Address of Primary Agent Name and Address of Alternate Agent


   Dated: ]]]]]]]]]]]]]] Dated

   State of ]]]]]]]]]]]]]]]]]] County of

   Subscribed and sworn to before me this ]]]]]]]] day of


   ]]]]]]]]]]]]]]]]]]]]]]]] (Notary Public)

   (b) Upon the proper and complete execution of a funeral planning agent designation form, a signed notarized original thereof shall be given to the principal executing the form, the primary funeral planning agent, and the alternate funeral planning agent, if any.

   (c) The principal is encouraged to review in detail his or her specific wishes regarding the nature of the funeral goods and services to be provided, the manner in which funeral services are to be conducted, and/or the disposition of his or her remains with their funeral planning agent(s).

   (d) This chapter shall not be construed to prohibit the participation of other individuals in the funeral planning process as well as the funeral itself. No individuals shall be required to designate a funeral planning agent under the provisions of this chapter.

History of Section.
(P.L. 1999, ch. 196, § 2.)