Overview of Bill: Effective July 1, 2009

1. Allows a person 18 or older to direct the location, manner and conditions of the disposition of his or her remains (burial OR cremation). The arrangements are not subject to cancellation or substantial revision unless ordered by a person appointed in the preneed contract to do so, or unless set-aside resources are insufficient.
2. Sets the exact order of who can control disposition. This section is quite comprehensive and will significantly help both families and funeral directors. It grants majority rule among next-of-kin with like degree or relationship and allows families to proceed when there are missing or estranged heirs if reasonable attempts of contact have been made.
3. In a disagreement about disposition, allows (but does not require) the funeral home at its discretion to embalm or refrigerate the body and add the legal fees, court costs, and costs of embalming or refrigeration to the costs of disposition.
4. Places the burden on the person signing disposition authorization as warranting truthfulness as to next of kin, identity of deceased and related facts; and, releases the funeral home from liability when people fraudulently represent next of kin.
5. Disallows stand-alone crematories within 1000 feet of a residential area. Currently operating crematories are grandfathered. Any current or future crematory located on or adjacent to a funeral establishment (funeral home) is not affected.
6. Allows funeral establishments to entomb (crypt or underground) OR store at its location any unclaimed cremains after 90 days (60 days wait, 30-day notification periods). The funeral establishment may charge the authorizing agent up to $100 in costs.