"The boundaries which divide Life from Death are at best shadowy and vague. Who shall say where the one ends, and where the other begins?"
Edgar Allan Poe
An affidavit is a document, explaining your conscious decision about your remains upon your passing. This is an important document that will make sure your loved ones know exactly what to do in a moment full of uncertainty.
What is an "AFFIDAVIT FOR YOUR REMAINS"?
In Ecuador, Article 20th of the Regulation of Funeral Services Facilities and Corpse Management published in the Public Registry, article 226, on April 20th, 2018, establishes the legal procedure for a person’s remains to be handled after their passing.
How is the Affidavit granted?
The client must sign an affidavit of their wishes, in accordance with the Ecuadorian Notary Law, before a public notary. If the petitioner is not fluent in Spanish an interpreter must be nominated to sign along with the principal.
How am I sure my remains will be handled in accordance with my affidavit?
Funeral homes in Ecuador are regulated by Art. 25 and 26 of the Regulations for Funeral Facilities and Corpse Management, published by the Official Registry number 226 on April 20TH, 2018. Which ensures your decision will be respected.
What document do I need to sign an affidavit for remains?
To sign an affidavit for remains you need your cedula or passport. Documents such as a driver’s license or other identification documents are not valid to sign a legal document.
How does the affidavit for remains can go into effect?
Once you sign in the affidavit for your final remains at the notary office, the document may be delivered to the funeral home of choice for the proper treatment of your remains or you can give the document to someone you trust, and at the time of your death, this person will deliver the document and your will goes into effect.
If my family wants to change the affidavit after my death, which would effectively change my end of life wishes, may they do so?
No, the affidavit for your remains enforces your will, and by law, the family must respect your last wishes.
If I want to change my mind about what to do with my remains can I sign another affidavit of remains?
Yes. You have the right to revoke the last affidavit for remains you have signed and sign a new one, at any time you desire.