What must happen if a purchaser of a preneed funeral contract becomes incapacitated?

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When a purchaser of a preneed funeral contract becomes incapacitated, the rights to that contract typically transfer to legal representatives or the estate of the individual. This means that the designated legal representatives will be able to make decisions regarding the contract’s terms and its execution.

This provision is crucial as it ensures continuity and respect for the wishes of the original purchaser, even in cases where they are unable to manage their own affairs due to incapacitation. Legal representatives may be designated through a power of attorney or other legal means, allowing them to act on behalf of the incapacitated individual.

In this context, the other possibilities do not align with how preneed contracts are generally handled. A preneed funeral contract being voided would disregard the interests of the incapacitated person and their family. Transferring the contract to the government would not reflect the intentions of the purchaser nor maintain the integrity of the contract. The idea of finding another purchaser is impractical, as it does not address the situation of incapacity and the need for the original terms to remain intact within the designated legal framework.

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