Tjaglcs Practice Notes

Army Lawyer, TheNbr. 2/2006, February 2006

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Summary


The order of precedence is as follows: (1) surviving spouse, even if he or she is a minor; (2) sons or daughters who have reached the age of majority with the oldest being the PADD; (3) parents, not including step parents, in order of age, unless one parent was granted custody by court order or statute; (4) blood or adoptive relative of the service member if they were granted legal custody by court order or statute; (5) oldest sibling that has reached the age of majority; (6) grandparents in order of age; (7) other adult blood relative in order of relationship to the service member under the laws of the state of domicile; (8) remarried surviving spouse; (9) person in loco parentis; (10) legal representative of the estate; (11) personal friend of the deceased service member; and (12) CDR HRC.

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Extract


Tjaglcs Practice Notes

Legal Assistance Notes

Person Authorized to Designate Disposition (PADD) Update

Major Dana Chase*

This note explains recent policy changes affecting the designation of servicemembers' remains. It is important for legal assistance attorneys to understand these changes so that they may properly advise their servicemember clients on the mortuary planning aspect of estate planning.

United States Code, title 10, section 1482, provides an order of precedence for persons authorized to designate disposition of a servicemember's remains.1 Paragraph 4-4, Army Regulation 638-2, Care and Disposition of Remains and D...

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