The Disposition of Remains document allows a client to provide detailed instructions regarding burial, cremation, and other post-death arrangements. It will also designate the person responsible for carrying out those instructions.
Drafting as Part of a Package or as a Standalone Document
The Disposition of Remains document is commonly drafted as part of a complete estate planning package. However, it may also be prepared as a standalone document.
To draft it separately:
Go to Document Selection.
Select Disposition of Remains.
Leave the other estate planning documents unselected.
As long as the required "people tabs" have been completed (Client Information, Family Information, and any necessary Additional People), the system can generate the Disposition of Remains document without requiring the rest of the estate planning package.
Naming the Agent Responsible for Disposition
The first portion of the tab, Disposition of Remains – Name the Agent, allows you to identify the person who will have authority under ORS 97.130 to control the disposition of the client’s remains.
Select the number of agent levels and add the appropriate individuals. For guidance on selecting levels of agents and naming co-agents, see the discussion in this article.
Providing the Client’s Disposition Preferences
The second portion of the screen, Disposition of Remains – Provide Client Preferences, records the client’s wishes regarding how their remains should be handled.
The available options include:
Traditional burial
Traditional cremation
Nonspecific about the method, but an environmentally focused disposition
Alkaline hydrolysis or aquamation (green cremation)
Natural organic reduction (body composting)
Burial using green burial practices
If the client does not have a specific preference, the document also allows the client to authorize the named Disposition Agent to decide the method of disposition. This option gives the agent flexibility to make arrangements based on circumstances at the time.
Prepaid Funeral or Service Plans
Indicate whether the client has a prepaid funeral or services plan. If a plan exists, the system asks for additional detail to allow the named agent to contact and work with the provider to carry out those prearranged services.
Placement of Remains
Next, indicate where the client wishes their remains to be placed. Options include:
A cemetery plot
A family cemetery plot
A national or state veterans’ cemetery
A mausoleum crypt
A columbarium niche
Scattering or placement of ashes or composted remains
A custom entry for specific instructions
If the client prefers flexibility in this section, they may instead allow the Disposition Agent to determine the appropriate placement.
Funeral or Memorial Instructions
You may also record the client’s preferences regarding a funeral or memorial service, including:
A service with military honors (if applicable)
Custom instructions
A prohibition of a funeral or memorial
If the client has no specific wishes, they may leave the decision to the Disposition Agent.