October brings a chill in the air and plenty of lighthearted reminders of mortality — from skeletons on porches to haunted houses and ghost stories. But for families who’ve lost someone dear, there’s nothing playful about the confusion that can arise when no one knows what their loved one truly wanted for their final arrangements.
At Duncan Legal, PC, we understand that conversations about end-of-life wishes aren’t easy. Yet, planning ahead — even for something as delicate as the disposition of your remains — is one of the most caring and compassionate acts you can do for your family. It replaces uncertainty with clarity, and anxiety with peace.
Why Planning Your Final Arrangements Matters
When someone passes away without written instructions, family members are often left asking, “What would they have wanted?” This uncertainty can lead to emotional disagreements, delays in funeral or cremation arrangements, and unnecessary stress during an already painful time.
In Colorado, as in most states, the law sets out a hierarchy for who has authority to make these decisions — typically a spouse, then adult children, then parents, and so on. If those family members don’t agree, conflict can quickly follow.
By documenting your wishes now, you give your loved ones a priceless gift: the assurance that they’re honoring your intentions and the space to grieve without added worry.
How to Document Your Wishes
1. Disposition of Remains Document
This is the most direct and legally recognized way to outline what you want to happen after your passing. It can include preferences such as:
- Burial, cremation, or donation of your body.
- Type of service you’d like — whether religious, secular, or a celebration of life.
- Music, readings, or memorial donations that reflect your personality and values.
A Disposition of Remains document ensures your instructions are clear and enforceable under Colorado law, leaving no doubt for those you leave behind.
2. Advance Health Care Directive or Living Will
While primarily used to state your wishes for medical care at the end of life, these documents can also note organ donation or body donation preferences. However, it’s best to keep post-death arrangements — like burial or cremation — in a separate declaration to avoid confusion.
3. Will or Trust
Many people include funeral wishes in their Will, but because Wills are often reviewed after final arrangements have been made, it’s not the most effective place for those instructions. A stand-alone declaration of remains ensures your family can access your wishes immediately.
4. Letter of Instruction
A Letter of Instruction is not legally binding, but it can add a meaningful, personal touch. You can include details like your favorite music, readings, or even a lighthearted note about how you’d like to be remembered — like “play my favorite Beatles song at the reception.” These touches help your loved ones celebrate your life in a way that feels personal and true.
When to Start the Conversation
Halloween might seem like an odd time to talk about final wishes — but it can actually be the perfect opportunity. The season naturally sparks reflection about life and legacy. A casual, lighthearted conversation can easily open the door to a deeper discussion about what matters most to you.
You don’t have to decide everything at once. Start with the basics:
- Burial or cremation
- Type of service you’d prefer
- Any religious, cultural, or personal traditions you’d like honored
From there, you can refine the details over time and work with your attorney to make your wishes legally binding.
The Kindest Gift You Can Give
Making plans for the disposition of your remains isn’t morbid — it’s an act of love. It removes uncertainty, relieves your family of the burden of guesswork, and ensures your life is remembered in a way that reflects your values and spirit.
At Duncan Legal, PC, we help Colorado families create comprehensive, legally sound estate plans — from wills and trusts to advance directives and disposition of remains documents. Our team will guide you through every detail with compassion, professionalism, and respect for your unique wishes.
Plan for the future and protect your family’s peace of mind.
Visit Us: 1610 Wynkoop St., Suite 200, Denver, CO 80202
Call Us: (720) 506-2536
Learn More: www.duncanlegal.com
