Can an individual designate a group of persons rather than one person to make decisions?
Yes. A group of persons may be authorized. If the persons in the group or class disagree, however, the decisions of the majority prevail. If, after reasonable efforts, not all of those in the group or class have been located, the decisions of the majority of those who have been located prevail. If a majority of the persons cannot reach a decision, an interested party can ask the probate court to step in. The probate court of the county in which the declarant or deceased person lived at the time of death then decides who should have authority to make a decision after considering the same criteria as when the court assigns a statutory right of disposition. What criteria does the court consider in deciding whether a particular person should be given authority to make funeral decisions? The court considers: • whether the evidence demonstrates a close personal relationship between the deceased and the person(s) seeking authority to make decisions; • the reasonableness and practicality of th
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- Does affirmative action mean hiring a less-qualified individual just because that person may belong to a group that is under-represented?
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