Pentecost2005:
I attended a funeral at my parish church this morning, and it got me thinking, again, about something. I understand that a “last will and testament” is a legal document that specifies how we wish our property (if any) to be distributed in the event of our death. It seems to me that we can also prepare a legal document that specifies our preferred funeral arrangements. Is there such a thing? What is it called? How would I go about preparing one?
Unlike a last will and testament, which is a distribution of assets to survivors, an expression of any preferred funeral arrangements can generally not impose legally enforceable obligations on others. Any exceptions would be regulated by contracts, such as prepaid services, coffin, vault, plot, tombstone, interment, mortuary services, etc. In that sense, some things can be imposed, and of course, the distribution of asserts may be conditioned in some cases.
However, a civil attorney has to be consulted on those points. I can only comment on obligations that would arise in canon law.
Expressing legitimate preferences about the religious funeral services does not create an enforceable obligation to follow them, although such an expression would generally be honored in the Church.
You could meet with the pastor or a member of the staff to make some liturgical plans for the vigil, funeral, and committal. Then those plans should be placed in writing, communicated to the family or executor, and finally preserved for future use in the parish, at the funeral home and your personal files so that they are accessible at the time of death.
Many funeral homes also provide forms for Catholic funerals, and sometimes, have counselors who are qualified to advise people about accepted Catholic practice. Of course, the pastor or other member of a parish staff could do that. Most likely there would need to be discussion with both pastor and funeral director. Some dioceses provide materials for planning funerals as well. Through these means, you could make known your preferred funeral arrangements to the parish, your family or friends, and the funeral home of your choice.
But I do not believe that this can result in a legal document
per se that binds the Church or its ministers. The priest or other who celebrates a funeral will follow the liturgical law and practice of the Church as well as any particular diocesan policies. In that sense, funeral plans cannot trump the Church’s canon law, and even civil law would recognize that.
Still it is hard to imagine that a celebrant would fail to respect legitimate choices drawn from the rich variety given in the approved rites, Scriptural readings, and liturgical texts in the Order of Christian Funeral.
Similarly, it is hard to imagine that those responsible for carrying out these final duties, your family and / or friends, would fail to honor your legitimate intentions.
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