More and more Floridians are choosing eco-friendly options for their final arrangements. As a Fish Hawk will lawyer who helps families plan for the future, I’ve seen a growing interest in green burials – a return to simpler, more natural practices that minimize environmental impact. But how do you ensure your wishes for a green burial will be respected? Let’s explore the steps to properly document your eco-friendly final arrangements in Florida.
What Makes a Burial “Green” in Florida?
Green burial (also called natural burial) follows three key principles: no embalming, no concrete vault, and using only biodegradable containers or shrouds. Florida law specifically allows these practices, making our state relatively progressive when it comes to natural burial options.
You should know that Florida law requires human remains to be buried, embalmed, or refrigerated within 24 hours after death. Once refrigerated, there’s no rush for burial – giving your family time to make arrangements that honor your wishes.
Legal Documents to Express Your Green Burial Wishes
As your will lawyer, I recommend documenting your green burial preferences in multiple places:
- Your Will: While your will might not be read until after your funeral, it provides an important legal record of your preferences. Consider language like: “I direct that my remains be disposed of as naturally as possible with minimal environmental impact, specifically through a green burial without embalming, using only biodegradable materials, and without a concrete vault.”
- Advance Directive for Health Care: This document can include a section on your disposition preferences, making your wishes clear to healthcare providers.
- Final Disposition Authorization: This separate document specifically outlines your burial preferences and designates who has the authority to carry them out.
- Pre-need Funeral Contract: If you’ve chosen a specific green cemetery or funeral provider, consider pre-planning arrangements with them directly..
Where to Find Green Burial Options in Florida
Florida has several green burial options, including both conservation cemeteries (dedicated entirely to natural burials) and hybrid cemeteries (conventional cemeteries with green burial sections).
When researching locations, ask whether they have a conservation easement or deed restriction that ensures the cemetery will remain a natural space. This provides assurance that your final resting place will be preserved as intended.
Specific Instructions to Include
It’s important to be specific about your preferences in your documentation. I recommend including wishes for:
- Body Preparation: “I request no embalming, with my body to be kept refrigerated instead.”
- Container Preferences: “I wish to be buried in [specific biodegradable container—simple pine box, wicker basket, cotton shroud, etc.]”
- Cemetery Choice: “I wish to be buried at [name of green cemetery], where I have/have not purchased a plot.”
- Ceremony Details: Include any wishes for a home funeral, graveside service, or specific rituals.
- Marker Preferences: “I request a [simple flat stone, native plants, or other natural marker] rather than a conventional headstone.”
Talking with Your Family Now
The most important step is having open conversations with your family about your wishes. Many people are unfamiliar with green burial, so sharing your values and preferences while you’re able to discuss them helps prevent confusion later.
Consider bringing family members to visit your chosen green cemetery, introducing them to the funeral director who understands your wishes, or sharing articles that explain the environmental benefits of natural burial.
Working with Knowledgeable Professionals
Not all funeral homes and attorneys are familiar with green burial requirements. As a Fish Hawk will lawyer who has helped many clients document their eco-friendly final wishes, I understand the specific language needed to protect your preferences.
The right legal documents, combined with conversations with your loved ones, provide the best assurance that your final wishes will be honored in a way that aligns with your environmental values.
Have additional questions about legally documenting your green burial wishes? Contact our team at the Law Offices of Laurie E. Ohall at (813) 438-8503 to schedule a consultation. We’re here to help you craft a plan that reflects your unique end-of-life wishes and needs.