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2010 SESSION

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HB 382 Funeral services; burial power of attorney.

Introduced by: Beverly J. Sherwood | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Funeral services. Provides that when a person dies while on active military duty and has designated an individual to make arrangements for his funeral and disposition of his remains on a U.S. Department of Defense Record of Emergency Data, the designee shall be responsible for making such arrangements.

SUMMARY AS INTRODUCED:

Funeral services; burial power of attorney.  Provides that a person may designate in a signed and notarized writing an individual who shall make arrangements for his funeral and the disposition of his remains, including cremation, upon his death. Such designee shall have priority over all persons entitled to make such arrangements. The bill further provides that notwithstanding the above, any contract made by a decedent's next of kin with a funeral establishment or cemetery for the decedent's funeral and burial shall be an obligation of the decedent's estate, to the extent that goods have been provided and services have been rendered without knowledge by the funeral establishment or cemetery of such designation. The bill also provides that if the decedent died while serving in any branch of the United State Armed Forces and completed a U.S. Department of Defense Record of Emergency Data (DD Form 93), or its successor form, the duty to provide funeral and disposition arrangements for the decedent devolves on the person authorized by the decedent on such form. This bill is in response to an opinion of the Office of the Attorney General.