If my boyfriend’s father is terminal and his parents have no assets or Will, does he need to have a Will drawn up so that he has legal right to bury his father?

Also, should he have papers drawn up to make him power of attorney? The mother has first onset of Alzhiemers, which makes her incapible of making decisions. Once he passes mother will come to live with us.

Asked on October 8, 2013 under Estate Planning, Missouri


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

No, if the father has no assets, he does not need a will.  His wife and son will have the legal right to bury him anyway.  The power of attorney does sound like a good idea.  You can draw one up, or have an attorney draw one up, to pertain only to medical decisions in the event the father is incapable of making them himself.

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