Jan 7, 2009

HB 1041 - Funeral Planning

Synopsis: Funeral planning. Establishes a statutory form for a funeral planning declaration that allows a person to provide instructions concerning the person's funeral arrangements. Provides that the declaration may be used to designate an individual who will make arrangements after the person's death. Provides that a person designated in a funeral planning declaration is first in the priority and that a person designated in a health care power of attorney is second in the priority of individuals who can authorize the cremation of another person's remains and who may authorize the owner of a cemetery to inter, entomb, or inurn the body or cremated remains of a deceased human. Specifies that a person acting as the attorney in fact under a health care power of attorney has the power to execute a funeral planning declaration on behalf of the principal. Provides that a person who relies in good faith on a funeral planning declaration is immune from liability to the same extent as if the person had dealt directly with the declarant and the declarant had been a competent and living person.

SUPPORT/NEUTRAL: While it would seem society has dealt with death long enough for us to figure out whether to bury, burn or freeze Uncle Joe upon his death, the reality is no one wants Uncle Joe to meet Ted Williams' frozen limbo fate while living relatives squabble. Better to provide for the chain of decision-making in such instances to let everyone move on a little faster.

Introduced by the probate code study commission and referred to the Committee on Judiciary.

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