Is it against the law?

riverdale.. Wow I did not take the post as the person took the body THEMSELVES!! That adds a whole new spin to my thinking! yuck... I can't imagine any place allowing this!

My Moms funeral was prepaid so all funeral arrangements made before death. I do not remember calling the funeral director. I remember getting a call from the home. I remember being asked if I wanted to see her and saying no. We literally had left her side 20min before she was pronounced dead. I have a feeling the Nurse had the info and called for me. Then the funeral home came and got her. I doubt if the home released the body to anyone but the funeral home.

Really, who else could oversee the final thing but the POA. They were probably the one who set everything up. The Executor cannot take over until Probate. They need a short certificate to handle finances. Even though the person has been assigned does not mean Probate has to except them. Probate can not be started until 10 days (or so) after death. So everything is pretty much in limbo till then. So very important that you make plans before your death. Even if its just on paper with your wishes, witnessed and signed. Then put in ur important papers and someone close given a copy. For me I live in a small town and I have known the director all my life. So I may be able to give him my instructions and have them put on file.

Generally in the dying process the funeral home is discussed with the POA. Death seldom comes this unexpected. In lieu of that the POA, if a family member, is almost always allowed to make this transfer as it must be done in a timely manner. It will then fall to the executor to follow a will, if there is one, in terms of funeral arrangements, services or lack of them, cremation or burial as stipulated in a will. If there is none then next of kin will be called upon to make these arrangements; if that is a next of kind serving as POA during this time, then usually that person will be used as the next of kin.

This is a question best put to the nursing home itself as they are the ones following the laws and dictates of your OWN STATE. If you are executor and do have instructions be certain the nursing home is aware.

The typical protocol is:

The death must be officially confirmed (usually by a nurse who then contacts a doctor). This person also fills out the forms certifying the cause, time, and place of death. The family is informed. All medical equipment or treatments are removed from the body. The body is "prepped" (cleaned, to ensure sanitary transport). The funeral home is contacted to come get the body.

It may vary slightly by facility and state.

The PoA authority ends the minute someone is confirmed deceased. Then the Executor takes over, carrying out the funeral and burial wishes, if the deceased left instructions. Then the Executor carries out the instructions for the distriburtion of any estate in the Last Will.

So, in your question, the NH was probably carrying out its legal protocol and had nothing to do with the PoA making the decision to move the body to the funeral home. This is exactly how it went when my Aunt passed away in rehab this January (in FL).

What to do after death was part of the admissions paperwork when my mom went to live at the nursing home, and it was also documented when she was receiving still palliative care at home.

As part of the Medicaid spend down process, it is often recommended that final expenses be prepaid, so I can see the POA having done that. Then it would be appropriate to give the nursing home the contact number to activate the arrangements if the principal passes.

Putting funeral instructions in a will is sometimes discouraged because it may take a while for the will to be located and for the executor to take on their duties. The executor would be responsible for using the deceased’s funds to pay any remaining bills due after death.

My Mom had a health care power of attorney giving her agent authority to donate organs and follow burial instructions, which were prepaid. This specific HCPOA section remained effective for this after death.

I would expect the actual removal to be done by the appropriate service provider.

I'd be surprised if this wasn't already an arrangement made with the nursing home prior to the death, in which case that was the POA's decision.

Getting into a fuss about this seems pointless, though.

When my brother died (No POA or will), I made all the arrangements with the funeral home to pick up his body and for the cremation, but they needed to get my niece's (his daughter's) signature to proceed. She was the official next of kin. The State has rules about who that would be. I imagine sometimes there could be conflict, however. If he had no children or parent, but several siblings. Probably any one of us could have signed, I would hate to have had to collect signatures from all seven of us.

In my state there’s a form called Disposition of Bodily Remains. It is signed and notarized during estate planning. The person signing cedes control of his dead body to someone who will follow his wishes.

When people say “against the law” they are usually mean that it’s an offense. I doubt if this is theft, or that there is a special crime involved. 'Body snatching' used to be an offense way back in the days when bodies had a value for medical purposes, but that is long gone. I have never heard of the body being treated as an asset under the control of the Executor (assuming that there is a will which has appointed an executor who is not the POA). This is an unusual dispute.

Clearly the POA and Executor (if any) aren’t on good terms. Perhaps they favor different funeral homes? Or is this just an argument about power? If the POA contracts for an expensive funeral, they probably pay for it themselves rather than the cost coming out of the estate – which is managed by the Executor.

However if the POA is trying to arrange a completely different funeral type or location, then yes they don’t have the right to do that and the Executor should step in. (And it took me several minutes to think that this might be what is behind the question)

If possible, I’d move past this situation, which is already upsetting enough.

Oh gosh, why would anyone want to do that? Very strange!

I would think the funeral home removes the deceased which was my experience with my late mother. What you are describing is that this POA literally removed the body themselves which seems quite extreme and unlikely.