An appointment for disposition of remains lets you name, in advance, the person who will control your funeral, burial, or cremation arrangements. Under Texas law there is a default order of who has that right, and it does not always match your wishes or your family’s harmony. This short document puts a person you trust in charge and can spare your loved ones a painful dispute.
What This Document Does
Texas law (Health and Safety Code Section 711.002) sets a priority list of who may direct the disposition of your remains, generally your surviving spouse, then adult children, then parents, and so on. A written appointment lets you override that default and name the agent you actually want, along with your instructions for burial, cremation, or services. Without it, the person at the top of the statutory list controls, even if that is not who you would have chosen.
Why It Matters
Grief and disagreement are a hard combination. In blended families, estranged relationships, or families spread across the country, the default order can hand these decisions to someone poorly suited to make them, or split the right among several people who disagree. Naming one agent in advance removes the guesswork and the conflict at the worst possible time.
What You Can Specify
You can name your agent and one or more alternates, and you can record your preferences, burial or cremation, a particular cemetery or service, or leave the details to your agent’s judgment. Because this document is easy to overlook, we include it as part of a complete plan alongside your will and health-care documents.
Keep It Where It Will Be Found
Because these decisions happen within days, the appointment needs to be somewhere your family can find quickly, not locked away where it surfaces after the funeral. We help you sign it correctly and make sure the right people know where it is.
Frequently Asked Questions
Who decides my funeral arrangements if I don’t sign one?
Texas law applies a default priority list, starting with your surviving spouse, then adult children, then parents. A written appointment lets you name someone else instead.
Can I name someone who isn’t a family member?
Yes. You can appoint a trusted friend or another person and set out your wishes, rather than leaving it to the statutory order.
Is this the same as my will?
No. Funeral decisions are made long before a will is read, so these instructions belong in a separate, easy-to-find document rather than buried in your will.
Talk With a Texas Estate Planning Attorney
Put someone you trust in charge of your final arrangements. Call 713-955-6182 or contact The De Leon Law Firm.