(a-3) A person exercising the right to control the disposition of remains under Subsection (a), other than a duly qualified executor or administrator of the decedent’s estate, is liable for the reasonable cost of interment and may seek reimbursement for that cost from the decedent’s estate. When an executor or administrator exercises the right to control the disposition of remains under Subsection (a)(6), the decedent’s estate is liable for the reasonable cost of interment, and the executor or administrator is not individually liable for that cost. (b) The written instrument referred to in Subsection (a)(1) may be in substantially the following form: APPOINTMENT FOR DISPOSITION OF REMAINS I, _________________________________________________, (your name and address) being of sound mind, willfully and voluntarily make known my desire that, upon my death, the disposition of my remains shall be controlled by __________________________ _____________________________________________________ (name of agent) in accordance with Sections 711.002 and 711.004, Health and Safety Code, and, with respect to that subject only, I hereby appoint such person as my agent (attorney-in- fact). All decisions made by my agent with respect to the disposition of my remains, including cremation, shall be binding. SPECIAL DIRECTIONS: Set forth below are any special directions limiting the power granted to my agent: ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ ______________________________________________________ AGENT: Name: _______________________________________________ Address: _____________________________________________ Telephone Number: ___________________________________ SUCCESSORS: If my agent or a successor agent dies, becomes legally disabled, resigns, or refuses to act, or if my marriage to my agent or successor agent is dissolved by divorce, annulled, or declared void before my death and this instrument does not state that the agent or successor agent continues to serve after my marriage to that agent or successor agent is dissolved by divorce, annulled, or declared void, I hereby appoint the following persons (each to act alone and successively, in the order named) to serve as my agent (attorney-in-fact) to control the disposition of my remains as authorized by this document: 1. First Successor Name: _______________________________________________ Address: _____________________________________________ Telephone Number: ___________________________________ 2. Second Successor Name: _______________________________________________ Address: _____________________________________________ Telephone Number: ___________________________________
DURATION: This appointment becomes effective upon my death. PRIOR APPOINTMENTS REVOKED: I hereby revoke any prior appointment of any person to control the disposition of my remains. RELIANCE: I hereby agree that any cemetery organization, business operating a crematory or columbarium or both, funeral director or embalmer, or funeral establishment who receives a copy of this document may act under it. Any modification or revocation of this document is not effective as to any such party until that party receives actual notice of the modification or revocation. No such party shall be liable because of reliance on a copy of this document. ASSUMPTION: THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS APPOINTMENT, ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY THE PROVISIONS OF, SECTIONS 711.002 and 711.004, HEALTH AND SAFETY CODE. SIGNATURES: This written instrument and my appointments of an agent and any successor agent in this instrument are valid without the signature of my agent and any successor agents below. Each agent, or a successor agent, acting pursuant to this appointment must indicate acceptance of the appointment by signing below before acting as my agent. Signed this ________ day of __________________, 20_____. ______________________________________________________ (your signature) State of ____________________ County of ___________________ This document was acknowledged before me on __________ (date) by __________________________________________________. (name of principal) __________________________________________ (signature of notarial officer) (Seal, if any, of notary) __________________________________________ (printed name)
My commission expires: _____________________
ACCEPTANCE AND ASSUMPTION BY AGENT: I have no knowledge of or any reason to believe this Appointment for Disposition of Remains has been revoked. I hereby accept the appointment made in this instrument with the understanding that I will be individually liable for the reasonable cost of the decedent’s interment, for which I may seek reimbursement from the decedent’s estate. Acceptance of Appointment: __________________________ (signature of agent) Date of Signature: ____________________________________ Acceptance of Appointment: ___________________________ (signature of second successor) Date of Signature: ____________________________________ Acceptance of Appointment: ___________________________ (signature of second successor) Date of Signature: _____________________________________
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