New options for burial, cremation
Futurist Ray Kurzweil famously predicted that by the mid-2040s all the organs of the human body could be replaced by artificial ones. This means that if we can survive until then, we could, ostensibly, live forever. However, this is 2020, we are in a pandemic and California is experiencing the worst wildfire season in history. Many of us are feeling mortal and this feeling presses us to make decisions about estate planning and, by proxy, burial or cremation.
Daniel Kim, an attorney with Weintraub Tobin, wrote an article titled, “How to Get Rid of a Dead Body,” for the legal publication, California Trust and Estates Quarterly. Here are some highlights from his article along with updates on various burial and cremation options.
First, who has control of remains? We have control of our body and should direct, in writing, what we want done after death. Absent any writing to the contrary, the agent named in our Advance Health Care Directive document will be responsible for carrying out our wishes. Without an Advance Directive, priority for this responsibility is given to a spouse, children, siblings and parents. If someone who has this responsibility is charged with our murder, they are stripped of the right to direct disposition until they are exonerated of the crime.
An Advance Directive or other writing also directs organ donation but, be careful. If you have provided for organ donation through the Department of Motor Vehicles, that direction takes precedent over other writings. So, if you have completed an organ donation directive through the DMV and later change your mind, be sure to revoke the
DMV directive. Interestingly, we can “gift” organs to a specific person. If a friend needs a kidney, we have the option to donate it now or leave a writing stating that after death, our kidney goes to the friend.
Most are familiar with casket burial and cremation but what other options do we have? In 2019, Washington state legalized composting as an alternative. “Natural organic reduction” is considered a greener method of burial than caskets or cremation. In composting, a body is placed in a vessel and, using wood chips and straw, decomposed into soil in about a month. This soil can be returned to loved ones to spread as they wish.
Alkaline Hydrolysis, also known as green cremation, was made legal in 15 states in 2017, including California. This “water cremation” uses alkaline and water to reduce human remains to bone fragments in under four hours and has a lower carbon footprint than flame cremation. Once reduced, remains can be returned to family for further disposition.
Green burial continues to
grow in both interest and popularity. With a green burial, embalming and concrete vaults are eschewed and environmentally friendly options adopted. While a casket or shroud can be used, the materials must be biodegradable, and the body is placed in an unlined grave. In most green burial cemeteries, headstones are not allowed but loved ones can plant native or naturally occurring trees or plants to mark the site. Some cemeteries are so “natural,” families must use GPS navigation to locate their loved one.
Options continue to evolve but the important thing is to consider what you would like and communicate that preference in writing.
Liza Horvath has over 30 years’ experience in the estate planning and trust fields and is a Licensed Professional Fiduciary. Liza currently serves as president of Monterey Trust Management. This is not intended to be legal or tax advice. If you have a question, call (831)6465262 or email liza@ montereytrust.com