Can an assisted living facility force a person to sign off on funeral rights?

Summertime asked...

If someone is living in an assisted living residence and has no representative to notify or take care of his remains, is there a policy for the owner to get this person to sign off on rights for his funeral?

Expert Answer

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

Most assisted living facilities will want to ensure that their residents have put their wishes for their final arrangements in writing, so many have policies requiring them to attend to this detail.

Residents are always free to make their own sort of arrangements, though, and need not accept any terms that a facility may impose. A good resource to consult for help with them is the Funeral Consumers Alliance. It can provide background information and contact information for a local Funeral or Funeral Society, which can help set up a plan for final arrangements that is affordable and reflects the resident's wishes.

If the facility has no policy about this, and the resident has taken no action to specify final arrangements before dying, state laws generally set out who will be responsible for specifying them.