How to put your funeral wishes in writing in Minnesota
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THE SHORT ANSWER
Write down what you want and name the person you want in charge. In Minnesota, someone you appoint in a dated, signed document, such as a health care directive, has the first right to control your final arrangements, ahead of a spouse or children. Then talk with your family so the plan is not a surprise.
Green burial, water cremation and human composting are only options if someone with authority asks for them. At the end of our October webinar with mortician Angela Woosley, founder Lauren Fink asked the question we hear from clients all the time: what should you put in writing now?
Who decides if you don’t
Minnesota law sets an order for who controls a person’s final arrangements. First is anyone you appointed in a dated written document you signed, including a health care directive. After that come your spouse, then your adult children, who decide by majority, then your parents, then your adult siblings and on down the family.
That order works for many families. It is where trouble starts when relatives disagree, or when the person by law is not the person you would pick. Angela said cremation is where conflict comes up most, because it cannot be undone, and it needs written authorization from the people with the right to decide.
Name your person in your health care directive
Minnesota’s suggested health care directive form includes a line you initial to give your agent the power “to decide what will happen with my body when I die (burial, cremation).” It also has room to write your wishes about burial or cremation. Angela called it a box that is easy to skip and, in her words, really powerful.
You can choose someone other than your health care agent if that fits your family better. Note that a financial power of attorney does not count here, because it ends at death.
Write down the details
The more your people know, the easier it is to carry out. Consider including:
- The type of disposition you want, such as burial, green burial, water cremation, flame cremation or human composting
- Where you want to be buried or have your remains placed or scattered
- Any wishes about a home vigil, a service or who should be there
- Faith or cultural practices you want followed
Minnesota law asks that arrangements made in advance be in writing and be dated, signed and witnessed. If two documents ever conflict, one that is witnessed or notarized wins over one that is not. Instructions in a will count too, but a will is often read after the funeral, so keep a copy of your wishes where your family can find it quickly.
Paying ahead and Medical Assistance
Many people prepay for their funeral so their family does not have to. If you may need Medical Assistance (Minnesota’s Medicaid program) for long-term care someday, how you set this up matters. Minnesota treats some prepaid funeral and burial arrangements differently from other savings, but the rules are detailed and depend on how the contract is written.
Talk with an elder law attorney before you buy, as part of your long-term care planning.
Then have the conversation
A document helps, but Angela’s advice was to tell people in person too. When your family has heard it from you, they are far less likely to argue about it later.
Watch the full webinar
Hear Angela and Lauren talk through these questions in the Q&A at the end of the free recording.
Talk with a Minnesota elder law attorney
Everbright Legacy Law helps Twin Cities families prepare health care directives, wills and long-term care plans, and our life care planning team brings in licensed social workers when care decisions are part of the picture. Schedule a consultation to put your wishes in writing.
Keep reading
This article is general information, not legal advice. Every situation is different. Facts attributed to Angela Woosley come from the Oct 22, 2026 webinar; laws and provider options change, so confirm details with a licensed funeral provider or an attorney.
Frequently
Asked Questions
Who has the right to decide about a funeral in Minnesota?
First, anyone the person named in a dated, signed written document such as a health care directive. Then the spouse, a majority of adult children, parents, a majority of adult siblings and other relatives in order.
Can I put funeral wishes in my health care directive?
Yes. Minnesota’s suggested form lets you give your agent the power to decide what happens with your body after death, and you can write your wishes about burial or cremation.
Does a power of attorney cover funeral decisions?
No. A power of attorney ends at death, so it does not give anyone the right to control your final arrangements.
Can family members override my funeral wishes?
The person you appoint in a signed document has the first right to decide, ahead of your spouse and children. Clear written wishes, a named person and an early conversation make disputes much less likely.
The Everbright Way
Everbright Legacy Law is a Minnesota elder law firm in Richfield, serving families across the Twin Cities and greater Minnesota. Our attorneys are members of the National Academy of Elder Law Attorneys (NAELA), and we integrate licensed social workers with our legal team to deliver coordinated life care planning that goes beyond documents.
Schedule an introductory consultation with Everbright Legacy Law.
