after the date the person received notice of the decedent’s death or the 10th day after the date the decedent died, the person is presumed to be unable or unwilling to control the disposition, and: (1) The person’s right to control the disposition is terminated; and (2) The right to control the disposition is passed to the following persons in the following priority: (C) Any other person in the same priority class under Subsection (a) as the person whose right was terminated; or (A) A person in a different priority class, in the priority listed in Subsection (a). (a-2) If a United States Department of Defense Record of Emergency Data, DD Form 93, or a successor form, was in effect at the time of death for a decedent who died in a manner described by 10 U.S.C. Sections 1481(a)(1) through (8), the DD Form 93 controls over any other written instrument described by Subsection (a)(1) or (g) with respect to designating a person to control the disposition of the decedent’s remains. Notwithstanding Subsections (b) and (c), the form is legally sufficient if it is properly completed, signed by the decedent, and witnessed in the manner required by the form. (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 a 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)
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Book Code: FTX1626
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