Human remains: disposition

The law shifts control to the next eligible relative when the person otherwise entitled to decide was under a domestic-violence restraining order against the deceased or legal evidence shows that control would contradict the deceased person’s best interests.

What the law does ​

• Transfers disposition authority to the next eligible next of kin when the authorized person was subject to a domestic-violence restraining order protecting the deceased at the time of death.
• Transfers authority when a court determination, will, agreement, or other legally determinative document shows that giving that person control would have been against the deceased person’s best interests.
• Protects funeral directors and cemetery authorities from civil or criminal liability and license discipline for determinations made under these new transfer rules.

Who it affects ​

• People otherwise first in line to decide funeral, burial, cremation, and related arrangements for a deceased person.
• Surviving relatives next in the statutory order of priority.
• Funeral directors and cemetery authorities.