Bill > H1671

This bill establishes a comprehensive legal framework for determining who has the right to make funeral and disposition arrangements for a deceased person. The legislation creates a priority list of individuals authorized to make these decisions, starting with a person specifically designated by the decedent through a pre-need funeral service contract or a sworn affidavit, and then progressing through potential decision-makers including spouse, children, parents, siblings, grandparents, guardian, personal representative, and other relatives. The bill provides detailed guidelines for situations where multiple people have equal priority, requiring reasonable efforts to notify and obtain consensus. It also outlines specific circumstances where a person might forfeit their right to make disposition arrangements, such as being charged with murder related to the decedent's death or failing to act within a specified timeframe. If disputes arise, the probate court can intervene and determine the most appropriate person to make arrangements, considering factors like the relationship with the decedent, practicality of proposed arrangements, and desires of those willing to pay. The legislation also provides protection for funeral homes, stating they can rely on instructions from individuals they reasonably believe have the right of disposition and cannot be held liable for good faith actions in carrying out these arrangements.

Justice

https://malegislature.gov/Bills/194/H1671