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2014 SESSION

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SB 77 Dead human bodies; absence of next of kin, disposition of remains, prerequisites for cremation.

Introduced by: Stephen H. Martin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Disposition of remains; absence of next of kin. Provides that, in the absence of a next of kin, a person designated to make arrangements for disposition of a decedent's remains, an agent named in an advance directive, or a guardian who exercises powers conferred in an order of appointment, or upon the failure or refusal of such next of kin, designated person, agent, or guardian to accept responsibility for the disposition of the decedent's remains, any person who is 18 years of age or older who is able to provide identification of the deceased and willing to pay the costs of disposition of the remains may make arrangements for such disposition and may authorize cremation. The bill also provides that a funeral service establishment or funeral service licensee who makes arrangements in accordance with the provisions of this act shall be immune from civil liability absent bad faith or malicious intent.

SUMMARY AS PASSED SENATE:

Disposition of remains; absence of next of kin. Provides that, in the absence of a next of kin or other responsible person, that any person who is over 18, can provide identification of the deceased, and is willing to pay the costs of disposition of the remains may make arrangements for such disposition and may authorize cremation.

SUMMARY AS INTRODUCED:

Disposition of remains; definition of "next of kin." Expands the definition of "next of kin" as used in the context of authority to make decisions regarding disposition of a decedent's remains to include any person who consents to pay the costs of disposition of the decedent's remains upon his death. Currently, "next of kin" includes any person designated to make arrangements for the disposition of the decedent's remains upon his death pursuant to a signed and notarized writing or the legal spouse, adult child, parent, sibling, grandparent, guardian of a minor, guardian of minor siblings, or any other relative of the decedent in descending order of blood relationship.