Bill > S1217

This bill establishes a comprehensive legal framework for determining who has the right to control the disposition of a deceased person's remains. The legislation allows individuals 18 years or older of sound mind to pre-designate their funeral and disposition preferences through a pre-need funeral service contract or a written, sworn affidavit. If no pre-designation exists, the bill creates a hierarchical list of people who can make disposition decisions, starting with a specifically designated person, then proceeding through spouse, children, parents, siblings, grandparents, guardian, personal representative, and other relatives. The bill also outlines circumstances where a person might lose their right to make disposition decisions, such as being charged with murder of the decedent or failing to act within a specified timeframe. In cases of dispute, the probate court can determine the most appropriate person to make disposition decisions, considering factors like the relationship with the deceased, practicality of arrangements, and wishes of those willing to pay for funeral services. The legislation provides protection for funeral homes, ensuring they can rely on instructions from individuals they reasonably believe have the right to make disposition decisions, and shields them from liability when acting in good faith.

Justice

https://malegislature.gov/Bills/194/S1217