How to Avoid Your Memorial Sparking a Terrorism Scare

Earlier this fall, an opera aficionado inadvertently caused a terrorism scare when he was spotted scattering a white powdery substance in the orchestra pit at the New York Metropolitan Opera during intermission of a matinee performance. Authorities immediately evacuated the theater and cancelled the evening performance to allow time to investigate. What were the results of that investigation? The white substance posed no threat to public safety; it was the cremated remains of an opera fan who had recently succumbed to cancer.

The man scattering the ashes later sent a heart-felt letter of apology to the Met, explaining that he had shared a great appreciation of opera with his deceased friend. When the friend was ill, the man told his friend that he would scatter his ashes at opera houses when he visited them so that a little part of the friend could be there “forever” to enjoy the music.

While the sentiment was well-intended, neither the man nor his dying friend apparently thought to consult with a lawyer – much less the opera houses where the cremains would be scattered. As I have written in an earlier blog post, Washington law provides that a person may execute a document typically known as Memorial Instructions, which allow you to direct the manner in which you wish your earthly remains be handled and appoint an agent to be in charge of the disposition.

Memorial Instructions grant the appointed agent authority to dispose of your remains as you direct. However, as the case of the cancelled opera demonstrates, that agent’s ability to carry out your instructions will be limited to what is permissible. How will your agent know whether your instructions are allowed? Ask permission – and perhaps ask an attorney to do a little research.

Disposition of remains is governed by the law of the jurisdiction where the remains will be scattered or buried. The owner of any private property should be consulted to obtain permission prior to attempting to scatter ashes. And, if the ashes are to be scattered on public land, the government entity with jurisdiction over the land should be consulted to confirm that your plan does not run afoul of any agency rules or regulations.

Photo credit: Veronique Mergaux on Flickr