Q: How to ensure cremation decision with durable power of attorney in TN?
I have durable power of attorney for healthcare for my deceased mother in Tennessee, which I understand gives me authority to make funeral decisions. My brother, with whom I haven't had contact in years, is opposing the decision to cremate her, despite me having already paid for the service. The funeral home is refusing to proceed with the cremation due to my brother's objections. My mother did not have a living will. How should I handle this situation legally to ensure my decision is respected?
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A: The POA terminated at principal's death. You can go to Chancery to have your Mother's express wishes ordered. Outside of that you probably have no authority. You may be able to find another cremation service, but your Brother may sue everyone involved but damages would be limited. A body bag in coffin burial may be the best option.
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