End-of-Life Plan (New York)

End-of-Life Plan Instructions:

First Paragraph: Enter your full legal name in the first blank, also include any other names that you may be knowns as. For example, Charles Berkshire, a/k/a Chuck.

Section I. Appointee:  In this section you will select someone to be your appointee. Your appointee should be someone you trust to carry out your wishes. Typically, if you have a Last Will and Testament then your appointee will be the same person as your executor of your estate. However, you may select any person that you trust to carry out your wishes, not just  your executor. However, keep in mind certain states do have requirements as to who you can or cannot appoint. For example, Wisconsin does not allow you to appoint a funeral director, crematory authority, cemetery authority, employee of one of the above, health care provider or social worker to be appointed as your appointee.

In the following states, Illinois, Texas, Virginia, Wisconsin the appointee must sign an acknowledgement of appointment, which is attached to this document. Ensure that your appointee signs this acknowledgement for this document to be binding

Section II. Wishes:  In this section one can state what their preference is to be done with their body once they pass. For example, one my want to be buried, cremated, entombed, or may decide to leave it to their family to decide. Use clear and concise sentences to be very clear and specific as to what your wishes are. For example, if you want to be buried in a specific cemetery and have a certain tombstone state so here- I want to be buried at Fairlawn Cemetery with a marble tombstone. Or if you want to be cremated and have their ashes spread in a certain place, state so here.

If you want to be buried in accordance with certain religious observations, you can enter that religion on the line provided.

Section III. Services in Honor of my Memory: In this section you can state what services you would like to have in order to commemorate and celebrate your life. Provide such details here, remember to use clear and concise sentences to convey your wishes. Examples of what may be included here, but are not limited to, what type, if any, religious services you would like to have, location where you want such services to be held, visitation, if you want an open or closed casket, etc.….

If you decide that you do not want any memorial services on the line enter: Upon my death, I do not want any services to commemorate my life.

Guests: If there are certain individuals that are important to you to attend your funeral and memorial services and you would like them to be made aware of such, enter their names, contact number and relationship to you here.

If there is anyone that you specifically do NOT want to attend your funeral and services, enter their name and relationship to you in subsection c.

Subsection d. Music: If you would like specific music to be played at a specific time, such as at your funeral, visitation or other memorial services state so here. Be exact, use the name of the song and the artist that you want. For example, I would like the following music “You can close your eyes” by James Taylor to be played at my memorial service.

Subsection e. Readings:  If you would like a specific reading to be read at any time enter that information here. State what that reading is, who you want to read it and at what point or time you would like it to be read. For example, I would like my sister, Madeline, to read “Remember” by Christina Rossetti at my funeral.

Subsection f. Eulogies: If there is anyone that you would like to eulogize you or to speak about you at any point, enter that information here. State who you want to speak and at what point you want them to speak, for example, should they speak at the funeral or at the memorial services or at the gravesite. You can enter different people to speak at different times here.

Subsection g. Additional Instructions: If you have any additional instructions or information that you would like to include, enter that here. Remember to use clear and concise sentences. An example may include, “I would like my husband to give a toast at the gravesite.”

Section IV. Death Announcement:  Select the option of whether you want to have a death notice or announcement made or not.

If you select that you do wish to have a death notice, enter the paper you want the announcement to be submitted to. Next check off and enter the information that you want to be included in the announcement. If you do not want a specific piece of information to be included in the announcement do not place a check in the box next to it.

By Photograph if you want a photo to be included indicate which photo and where it can be found.

Charitable Donations: if you would like charitable donations to be made instead of flowers in your memory select this option and enter which charity you would like the donations to be made to.

By Other, enter any other information that was not included on the list.

Section V. Organ Donation: Select the appropriate checkbox of whether or not you are an organ donor, and the state that you are registered in.

Section VI. Expenses: Select whether or not you want to include information as to how the expenses for your funeral and services should be paid.

Section VII. Final Thoughts and Wishes: If there are any thoughts, wishes, instructions, or messages that you want to have shared after your passing, enter that here in the provided lines.

Signature Section: Select whether you have a Last Will and Testament by circling whether you do or do not have one. If you have one, enter the location where it is kept. If you do not have one, enter not applicable.

Next, enter the date that you will be signing this document. The date should be entered as day, month, and year, for example, 9th day of September, 2019.

Before signing, it is important to note that various states have different requirements. Certain states require your signature for this document to be notarized, other states may require that your signature be witnessed. Please refer to the chart below and the one in the document to identify what your specific state requires; you can also look up your state’s laws or speak with a local attorney.

It is important to keep in mind certain states require the appointee to acknowledge the appointment and accept it by signing. The Acknowledgement of the Appointee is attached to this document as well.

Ensure to sign and print your name, enter the city and state you are located in, and have it witnessed or notarized as needed. It is also a good idea to have your signature witnessed and notarized even if your state does not require such. If you decide to have your document witnessed, the two witnesses must be two people who are above the age of 18, are not related to you, are not named as your appointee under the Plan, and are not entitled to any part of your estate.

Signature Requirements Per State Laws[1]:

States that Allow a Notarized End-of-Life Plan:

Note 1. In Illinois, you may direct the disposal of your remains and any further arrangements, including services, in a notarized written document.

The individual you appoint as your Appointee to carry out your final wishes must acknowledge the appointment by signing an acknowledgement of appointment that is attached to this document. In Illinois usually, the authority to make decisions about your remains and make such further arrangements goes to the following people, in the following order:

1. The person named in your written End-of-Life Plan;

2. The executor or legal representative of your estate;

3. Your spouse;

4. Your adult child, or a majority of your children if you have more than one;

5. Your parents;  

6. Your next of kin.

Note 2. In Kentucky, you may direct the disposal of your remains and any other arrangements in a notarized written document. The Appointee CANNOT be a provider of funeral or cemetery services, responsible for any aspect of the disposition of your remains or associated with any entity that is responsible for providing funeral or cemetery services or disposing of your remains, unless they are related to you.

In Kentucky, the authority to make decisions about your remains and make such further memorial arrangements usually goes to the following people, in the following order:

1. The person named in your written End-of-Life Plan;

2. Your spouse;

3. Your adult child, or a majority of your children if you have more than one;

4. Your parents;

5. Your grandchildren;

6. Your siblings;

7. Next of kin.
    

Note 3. In Texas and Virginia, you may direct the disposal of your remains and any further arrangements in a notarized written document. The individual you appoint as your Appointee to carry out your final wishes must acknowledge the appointment by signing an acknowledgement of appointment that is attached to this document.

Note 4. In Wisconsin, you may direct the disposal of your remains and any further memorial arrangements in a written document. The individual you appoint as your Appointee to carry out your final wishes must acknowledge the appointment by signing an acknowledgement of appointment that is attached to this document.

In Wisconsin, You CANNOT appoint any of the following people to carry out your final wishes:

1. A funeral director;

2. A crematory authority;

3. A cemetery authority;

4. An employee of a funeral director, crematory authority, or cemetery authority;

5. A health care provider; or

6. A social worker.

Witnessed:

In OHIO you may direct the disposal of your remains and your memorial arrangements in a legally binding written document that is witnessed by two independent witnesses over the age of 18 years old, who are not related to you, are not entitled to any part of your estate, and who are not the appointees.

Signed, Written Document:

In the following states a signed and written document is sufficient, it does not need to be notarized or witnessed, though it may be a good idea to still do so. Those states include: