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MA H1470

MA H1470
Designating right of disposition


summary

Introduced
02/16/2023
In Committee
02/16/2023
Crossed Over
Passed
Dead
12/31/2024

Introduced Session

193rd General Court

Bill Summary

Relative to certain funeral service contracts. The Judiciary.

AI Summary

This bill aims to clarify the right of disposition (the authority to control the location, manner, and conditions of a deceased person's remains and funeral arrangements) in Massachusetts. The key provisions are: 1. A person 18 or older can direct the disposition of their remains through a pre-need funeral service contract or a written affidavit, which cannot be substantially revised unless the person authorized to do so or the resources are insufficient. 2. If the person has not made such arrangements, the right of disposition falls to various next-of-kin in a specified order, including the spouse, children, parents, siblings, grandparents, and others. 3. The right of disposition can be forfeited in certain circumstances, such as if the person is charged with the decedent's murder or fails to exercise the right in a timely manner. 4. The probate court can determine the most appropriate person to control the disposition if the next-of-kin cannot agree. 5. Funeral homes are granted the authority to rely on funeral service agreements and dispositions instructions from those they reasonably believe hold the right of disposition.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4517 (on 06/05/2024)

bill text


bill summary

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bill summary

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bill summary

Document Type Source Location
State Bill Page https://malegislature.gov/Bills/193/H1470
BillText https://malegislature.gov/Bills/193/H1470.pdf
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