Will your final wishes be honored?

  • Published
  • By 355th Fighter Wing Legal Office
How does a service member make sure their final wishes are honored? How can they be sure the person who controls the disposition of their remains is in fact the person they authorized?

All military service members must complete Department of Defense Form 93 to designate persons authorized to direct disposition of their remains and final funeral arrangements. The problem is that some states do not recognize the DD Form 93. This results in potential civil actions between family members over what to do with a fallen service member's remains. Currently, there are only 33 states that recognize the DD Form 93.

States that do not recognize the DD Form 93 normally have a prescribed order of who will direct disposition of remains. This order generally starts with a spouse, followed by adult children and parents. How does this affect the service member? This presents an issue if, for example, a service member has an estranged spouse and lists their parents as the PADD. Under some state laws, the spouse may sue for rights. Who will win in a dispute involving angry parents and estranged spouses? What about in a dispute between a spouse and children from a previous marriage? In a state that doesn't recognize the DD Form 93, the spouse will win even if that is not what the service member wanted.

The surest way to avoid this issue is to have a current legal document that sets out one's desires in a way that mirrors the information in the DD Form 93. Call the legal office for an appointment to ensure your final wishes are honored.

States that do not currently recognize DD Form 93:
· Washington               · Vermont
· California                   · New Hampshire
· South Dakota            · Maine
· Nebraska                   · Rhode Island
· Minnesota                  · Connecticut
· Michigan                     · New Jersey
· Kentucky                     · New York
· Louisiana                   · Pennsylvania
· DC                               · Maryland