No one ever wants to think about kids who are faced with the possibility of death, but it’s a reality of life. Often when a minor dies it’s accidental, but other times it’s from medical conditions or illness. For older kids that understand the situation, it can be extremely difficult to process it all.
Every year approximately 19,000 people between the ages of 5 and 19 pass away, with the majority being between the ages of 15-19. Around this age older kids and adolescents that aren’t concerned about dying may begin to express what they would prefer should something happen, just in case. But can a minor actually make their final wishes official and choose their own disposition?
It turns out the answer to that question is both straightforward and complicated.
Minors and Disposition Decisions: From a Legal Standpoint
First, a disclaimer. Any laws and regulations related to funeral services are state-by-state. There are very few federal laws outside of the Funeral Rule for services provided by funeral homes.
However, there is another blanket regulation that covers all of the states – status as a legal adult. This is where things come into play for minors choosing their own disposition.
Anyone who’s under 18 years old is not considered a legal adult and therefore they cannot create a last will and testament – the documentation that legally beholds the executor to carry out the creator’s funeral wishes. That means a minor cannot legally enforce their disposition requests.
The logic behind the decision is that minors aren’t mature and knowledgeable enough to enter into legally binding contracts of any kind, including a will. While this seems unfair in the case of funeral services, there’s no way to make an exception for disposition.
Even though the “contract” wouldn’t really be enforceable unless the minor were to die, other types of written contracts can have very serious repercussions in life. For that reason, wills are lumped together with all other legal documents.
The other concern is that minors could be coerced into making decisions that are legally binding. In other words, there’s a real possibility that they are just going along with whatever a parent or legal guardian tells them to do. So, it doesn’t even matter if a parent co-signs with their child. With a last will and testament that specifies final wishes, 18 years old is the youngest you can be.
Minors and Disposition Decisions: From a Moral Standpoint
Regardless of the law, there are also moral obligations we have to our loved ones. When someone expresses what they want for their funeral, they are doing so in hopes that those wishes will be honored with or without a will stating everything in writing.
Even if we don’t agree with their choice of disposition, it’s a personal decision that should be respected no matter the person’s age. If nothing else, listening to an adolescent about their final wishes can help make them feel more at ease and can help them come to terms with the possibility of death.
At Direct Cremate we’re here for families that are making difficult death care decisions. We’ve made a conscious effort to make direct cremation as simple and straightforward as possible so there’s less for the family to worry about. Please, give us a call or email at any time of day if you need assistance.
