CT
Connecticut House Bill HB07272

Connecticut 2019 Regular Session

Connecticut House Bill HB07272 Compare Versions

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7-General Assembly Substitute Bill No. 7272
5+General Assembly Raised Bill No. 7272
86 January Session, 2019
7+LCO No. 5065
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10+Referred to Committee on JUDICIARY
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13+Introduced by:
14+(JUD)
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1419 AN ACT CONCERNING TH E DISPOSITION OF A DECEDENT'S BODY .
1520 Be it enacted by the Senate and House of Representatives in General
1621 Assembly convened:
1722
1823 Section 1. Section 45a-318 of the general statutes is repealed and the 1
1924 following is substituted in lieu thereof (Effective July 1, 2019): 2
2025 (a) (1) Any person eighteen years of age or older, and of sound 3
2126 mind, may execute in advance of such person's death a written 4
2227 document, subscribed by such person and attested by two witnesses, 5
2328 either: (A) Directing the disposition of such person's body upon the 6
2429 death of such person, which document may also designate an 7
2530 individual to have custody and control of such person's body and to 8
2631 act as agent to carry out such directions; or (B) if there are no directions 9
2732 for disposition, designating an individual to have custody and control 10
2833 of the disposition of such person's body upon the death of such person. 11
2934 Such disposition shall include, but not be limited to, cremation, 12
3035 incineration, disposition of cremains, burial, method of interment, 13
3136 alkaline hydrolysis and cryogenic preservation. Any such document 14
3237 may designate an alternate to an individual designated under 15
33-subparagraph (A) or (B) of this subdivision. 16
38+subparagraph (A) or (B) of this subdivision. 16 Raised Bill No. 7272
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3442 (2) Any conservator of the person authorized pursuant to 17
3543 subdivision (5) of subsection (a) of section 45a-656 to act on behalf of a 18
36-conserved person, or any agent authorized to act on behalf of a 19 Substitute Bill No. 7272
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42-
44+conserved person, or any agent authorized to act on behalf of a 19
4345 principal, including any agent authorized to act on behalf of a 20
4446 principal pursuant to subdivision (10) of section 1-351l, may execute in 21
4547 advance of such conserved person's or principal's death a written 22
4648 document, subscribed by such conservator or agent and attested by 23
4749 two witnesses, either: (A) Directing the disposition of such conserved 24
4850 person's or principal's body upon the death of such conserved person 25
4951 or principal, which document may also designate an individual to 26
5052 have custody and control of such conserved person's or principal's 27
5153 body and to act as agent to carry out such directions; or (B) if there are 28
5254 no directions for disposition, designating an individual to have 29
5355 custody and control of the disposition of such conserved person's or 30
5456 principal's body upon the death of such conserved person or principal. 31
5557 Such disposition shall include, but not be limited to, cremation, 32
5658 incineration, disposition of cremains, burial, method of interment, 33
5759 alkaline hydrolysis and cryogenic preservation. Any such document 34
5860 may designate an alternate to an individual designated under 35
5961 subparagraph (A) or (B) of this subdivision. A document executed by a 36
6062 conservator pursuant to this subdivision shall include provisions 37
6163 indicating that such document (i) is valid if the person is under 38
6264 conservatorship at the time of his or her death, and (ii) terminates 39
6365 upon the termination of the conservatorship when such termination 40
6466 occurs prior to the death of the conserved person. 41
6567 (b) Disposition of a person's body upon the death of such person 42
6668 shall not include the retrieval of a deceased person's sperm or eggs, as 43
67-the case may be, except when such retrieval is provided for in a 44
68-document executed by a person pursuant to the provisions of (1) 45
69-subsection (a) of this section, (2) section 19a-575a, or (3) any other 46
70-applicable law of the state. The Probate Court for the district of the 47
71-domicile or residence of the deceased person shall have jurisdiction to 48
72-hear and decide any issue in dispute arising under the provisions of 49
73-this subsection. 50
74-[(b)] (c) No person having the custody and control of the disposition 51
75-of a deceased person's body shall knowingly provide for a disposition 52 Substitute Bill No. 7272
69+the case may be. 44
70+[(b)] (c) No person having the custody and control of the disposition 45
71+of a deceased person's body shall knowingly provide for a disposition 46
72+of the body in a manner that is inconsistent with a document executed 47
73+by a person pursuant to the provisions of subsection (a) of this section 48
74+or section 19a-575a, unless such disposition is approved by the Probate 49
75+Court. 50 Raised Bill No. 7272
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79+[(c)] (d) No person may challenge a funeral director's or embalmer's 51
80+decision to carry out the directions for disposition contained in a 52
81+document executed for the purposes of subsection (a) or [(h)] (i) of this 53
82+section if the funeral director's or embalmer's decision and conduct in 54
83+carrying out such directions for disposition in reliance on such 55
84+document was reasonable and warranted under the circumstances. 56
85+[(d)] (e) In the absence of a written designation of an individual 57
86+pursuant to subsection (a) of this section, or in the event that an 58
87+individual and any alternate designated pursuant to subsection (a) of 59
88+this section decline to act or cannot be located within forty-eight hours 60
89+after the time of death or the discovery of the body, the following 61
90+individuals, in the priority listed, shall have the right to custody and 62
91+control of the disposition of a person's body upon the death of such 63
92+person, subject to any directions for disposition made by such person, 64
93+conservator or agent pursuant to subdivision (1) or (2) of subsection (a) 65
94+of this section: 66
95+(1) The deceased person's spouse, unless such spouse abandoned 67
96+the deceased person prior to the deceased person's death or has been 68
97+adjudged incapable by a court of competent jurisdiction; 69
98+(2) The deceased person's surviving adult children; 70
99+(3) The deceased person's surviving parents; 71
100+(4) The deceased person's surviving siblings; 72
101+(5) Any adult person in the next degree of kinship in the order 73
102+named by law to inherit the deceased person's estate, provided such 74
103+adult person shall be of the third degree of kinship or higher; and 75
104+(6) Such adult person as the Probate Court shall determine. 76
105+[(e)] (f) In the event that the applicable class of persons set forth in 77
106+subdivisions (2) to (5), inclusive, of subsection [(d)] (e) of this section 78
107+contains more than one person, the custody and control of the body 79
108+shall be in a majority of the members of the class who can be located 80 Raised Bill No. 7272
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82-of the body in a manner that is inconsistent with a document executed 53
83-by a person pursuant to the provisions of subsection (a) of this section 54
84-or section 19a-575a, unless such disposition is approved by the Probate 55
85-Court. 56
86-[(c)] (d) No person may challenge a funeral director's or embalmer's 57
87-decision to carry out the directions for disposition contained in a 58
88-document executed for the purposes of subsection (a) or [(h)] (i) of this 59
89-section if the funeral director's or embalmer's decision and conduct in 60
90-carrying out such directions for disposition in reliance on such 61
91-document was reasonable and warranted under the circumstances. 62
92-[(d)] (e) In the absence of a written designation of an individual 63
93-pursuant to subsection (a) of this section, or in the event that an 64
94-individual and any alternate designated pursuant to subsection (a) of 65
95-this section decline to act or cannot be located within forty-eight hours 66
96-after the time of death or the discovery of the body, the following 67
97-individuals, in the priority listed, shall have the right to custody and 68
98-control of the disposition of a person's body upon the death of such 69
99-person, subject to any directions for disposition made by such person, 70
100-conservator or agent pursuant to subdivision (1) or (2) of subsection (a) 71
101-of this section: 72
102-(1) The deceased person's spouse, unless such spouse abandoned 73
103-the deceased person prior to the deceased person's death or has been 74
104-adjudged incapable by a court of competent jurisdiction; 75
105-(2) The deceased person's surviving adult children; 76
106-(3) The deceased person's surviving parents; 77
107-(4) The deceased person's surviving siblings; 78
108-(5) Any adult person in the next degree of kinship in the order 79
109-named by law to inherit the deceased person's estate, provided such 80
110-adult person shall be of the third degree of kinship or higher; and 81 Substitute Bill No. 7272
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112+and indicate willingness to participate in making arrangements for the 81
113+disposition within a reasonable time, not to exceed ten days after the 82
114+date on which the deceased person is identified. Such class members 83
115+shall indicate their decision in writing. 84
116+[(f)] (g) A document executed by a person for the purposes of 85
117+subsection (a) or [(h)] (i) of this section shall revoke any document 86
118+previously executed by such person for the purposes of said 87
119+subsections or any prior cremation authorization or other 88
120+authorization for the disposition of remains executed by such person. 89
121+[(g)] (h) A document executed by a person for the purposes of 90
122+subsection (a) of this section may be in substantially the following 91
123+form, but the use of such form shall not preclude the use of any other 92
124+form: 93
125+DISPOSITION OF REMAINS AND 94
126+APPOINTMENT OF AGENT 95
127+I, ...., of ...., being of sound mind, make known that upon my death 96
128+my body shall be disposed of in the following manner: 97
129+(Insert desired disposition directions) 98
130+I appoint ...., having an address and telephone number of ...., to 99
131+have custody and control of my body to act as my agent to carry out 100
132+the disposition directions expressed in this document, and in the 101
133+absence of disposition directions, to have custody and control of my 102
134+body and to determine the disposition of my body. If .... shall decline 103
135+to act or cannot be located within forty-eight hours of my death or the 104
136+discovery of my body, then ...., having an address and telephone 105
137+number of ...., shall act in that person's place and stead. 106
138+Executed at (insert location of execution), Connecticut on (insert 107
139+date of execution). 108
140+ .... 109 Raised Bill No. 7272
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117-(6) Such adult person as the Probate Court shall determine. 82
118-[(e)] (f) In the event that the applicable class of persons set forth in 83
119-subdivisions (2) to (5), inclusive, of subsection [(d)] (e) of this section 84
120-contains more than one person, the custody and control of the body 85
121-shall be in a majority of the members of the class who can be located 86
122-and indicate willingness to participate in making arrangements for the 87
123-disposition within a reasonable time, not to exceed ten days after the 88
124-date on which the deceased person is identified. Such class members 89
125-shall indicate their decision in writing. 90
126-[(f)] (g) A document executed by a person for the purposes of 91
127-subsection (a) or [(h)] (i) of this section shall revoke any document 92
128-previously executed by such person for the purposes of said 93
129-subsections or any prior cremation authorization or other 94
130-authorization for the disposition of remains executed by such person. 95
131-[(g)] (h) A document executed by a person for the purposes of 96
132-subsection (a) of this section may be in substantially the following 97
133-form, but the use of such form shall not preclude the use of any other 98
134-form: 99
135-DISPOSITION OF REMAINS AND 100
136-APPOINTMENT OF AGENT 101
137-I, ...., of ...., being of sound mind, make known that upon my death 102
138-my body shall be disposed of in the following manner: 103
139-(Insert desired disposition directions) 104
140-I appoint ...., having an address and telephone number of ...., to 105
141-have custody and control of my body to act as my agent to carry out 106
142-the disposition directions expressed in this document, and in the 107
143-absence of disposition directions, to have custody and control of my 108
144-body and to determine the disposition of my body. If .... shall decline 109
145-to act or cannot be located within forty-eight hours of my death or the 110 Substitute Bill No. 7272
144+ (Signature) 110
145+Signed in our presence by .... who, at the time of the execution of 111
146+this document, appeared to be of sound mind and over eighteen years 112
147+old. 113
148+.... of .... 114
149+.... 115
150+(Signature of witness) 116
151+.... of .... 117
152+.... 118
153+(Signature of witness) 119
154+[(h)] (i) A DD Form 93, "Record of Emergency Data", executed by a 120
155+member of the armed forces of the state or the United States shall be 121
156+given the same legal effect as a document executed for the purposes of 122
157+subsection (a) of this section. 123
158+[(i)] (j) The Probate Court for the district of the domicile or residence 124
159+of a deceased person shall have jurisdiction to hear and decide any 125
160+issue regarding the custody, control or disposition of the deceased 126
161+person's body, upon the petition of any individual designated by the 127
162+deceased person pursuant to subsection (a) or [(h)] (i) of this section, 128
163+the individual entitled to custody and control under subsection [(d)] 129
164+(e) of this section if no designation is made pursuant to subsection (a) 130
165+of this section, the first selectman, chief executive officer or director of 131
166+health of the town in which the deceased person's body is being held, 132
167+or the funeral director, embalmer or any other person or institution 133
168+holding the deceased person's body, and upon such notice to 134
169+interested parties as the court shall determine. 135
170+[(j)] (k) In the event of a dispute regarding final disposition of 136
171+remains, a funeral director or embalmer is not liable for refusing to (1) 137
172+accept the remains of the decedent, (2) inter or otherwise dispose of the 138 Raised Bill No. 7272
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176+remains of the decedent, or (3) complete the arrangements for the final 139
177+disposition of the remains until such time as the funeral director or 140
178+embalmer receives an order from the Probate Court or other written 141
179+agreement signed by the parties in the dispute that decides the final 142
180+disposition of the remains. If the funeral director or embalmer retains 143
181+the remains for final disposition while the parties are in disagreement, 144
182+the funeral director or embalmer may embalm or refrigerate and 145
183+shelter the body, or both, in order to preserve the body while awaiting 146
184+the final decision of the Probate Court and may add the cost of 147
185+embalming and refrigeration and sheltering to the final disposition 148
186+costs. If a funeral director or embalmer initiates a petition under this 149
187+section, the funeral director or embalmer may add the legal fees and 150
188+the court costs associated with the petition to the cost of final 151
189+disposition. The provisions of this section shall not be construed to 152
190+require or to impose a duty upon a funeral director or embalmer to 153
191+bring a petition under this section. Neither a funeral director nor an 154
192+embalmer shall be held criminally or civilly liable for choosing not to 155
193+bring a petition under this section. 156
194+[(k)] (l) Any person signing a funeral service agreement, cremation 157
195+authorization form, or any other authorization for final disposition of 158
196+remains shall be deemed to warrant the truthfulness of any facts set 159
197+forth in such documents, including the identity of the decedent whose 160
198+remains are to be buried, cremated, or otherwise disposed of, and the 161
199+authority of such person to order such disposition. A funeral director 162
200+or embalmer may rely on such funeral service agreement, cremation 163
201+authorization form or any other authorization for final disposition and 164
202+may carry out the instructions of the person or persons whom the 165
203+funeral director or embalmer reasonably believes holds the right of 166
204+final disposition of remains. A funeral director or embalmer shall have 167
205+no responsibility to contact or to independently investigate the 168
206+existence of any next-of-kin or relative of the decedent. If there is more 169
207+than one person in a class with final disposition of remains rights who 170
208+are equal in priority, the funeral director or embalmer may rely on and 171
209+act according to the instructions of the first such person in the class to 172
210+make funeral and final disposition of remains arrangements, provided 173 Raised Bill No. 7272
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152-discovery of my body, then ...., having an address and telephone 111
153-number of ...., shall act in that person's place and stead. 112
154-Executed at (insert location of execution), Connecticut on (insert 113
155-date of execution). 114
156- .... 115
157- (Signature) 116
158-Signed in our presence by .... who, at the time of the execution of 117
159-this document, appeared to be of sound mind and over eighteen years 118
160-old. 119
161-.... of .... 120
162-.... 121
163-(Signature of witness) 122
164-.... of .... 123
165-.... 124
166-(Signature of witness) 125
167-[(h)] (i) A DD Form 93, "Record of Emergency Data", executed by a 126
168-member of the armed forces of the state or the United States shall be 127
169-given the same legal effect as a document executed for the purposes of 128
170-subsection (a) of this section. 129
171-[(i)] (j) The Probate Court for the district of the domicile or residence 130
172-of a deceased person shall have jurisdiction to hear and decide any 131
173-issue regarding the custody, control or disposition of the deceased 132
174-person's body, upon the petition of any individual designated by the 133
175-deceased person pursuant to subsection (a) or [(h)] (i) of this section, 134
176-the individual entitled to custody and control under subsection [(d)] 135
177-(e) of this section if no designation is made pursuant to subsection (a) 136 Substitute Bill No. 7272
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184-of this section, the first selectman, chief executive officer or director of 137
185-health of the town in which the deceased person's body is being held, 138
186-or the funeral director, embalmer or any other person or institution 139
187-holding the deceased person's body, and upon such notice to 140
188-interested parties as the court shall determine. 141
189-[(j)] (k) In the event of a dispute regarding final disposition of 142
190-remains, a funeral director or embalmer is not liable for refusing to (1) 143
191-accept the remains of the decedent, (2) inter or otherwise dispose of the 144
192-remains of the decedent, or (3) complete the arrangements for the final 145
193-disposition of the remains until such time as the funeral director or 146
194-embalmer receives an order from the Probate Court or other written 147
195-agreement signed by the parties in the dispute that decides the final 148
196-disposition of the remains. If the funeral director or embalmer retains 149
197-the remains for final disposition while the parties are in disagreement, 150
198-the funeral director or embalmer may embalm or refrigerate and 151
199-shelter the body, or both, in order to preserve the body while awaiting 152
200-the final decision of the Probate Court and may add the cost of 153
201-embalming and refrigeration and sheltering to the final disposition 154
202-costs. If a funeral director or embalmer initiates a petition under this 155
203-section, the funeral director or embalmer may add the legal fees and 156
204-the court costs associated with the petition to the cost of final 157
205-disposition. The provisions of this section shall not be construed to 158
206-require or to impose a duty upon a funeral director or embalmer to 159
207-bring a petition under this section. Neither a funeral director nor an 160
208-embalmer shall be held criminally or civilly liable for choosing not to 161
209-bring a petition under this section. 162
210-[(k)] (l) Any person signing a funeral service agreement, cremation 163
211-authorization form, or any other authorization for final disposition of 164
212-remains shall be deemed to warrant the truthfulness of any facts set 165
213-forth in such documents, including the identity of the decedent whose 166
214-remains are to be buried, cremated, or otherwise disposed of, and the 167
215-authority of such person to order such disposition. A funeral director 168
216-or embalmer may rely on such funeral service agreement, cremation 169 Substitute Bill No. 7272
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223-authorization form or any other authorization for final disposition and 170
224-may carry out the instructions of the person or persons whom the 171
225-funeral director or embalmer reasonably believes holds the right of 172
226-final disposition of remains. A funeral director or embalmer shall have 173
227-no responsibility to contact or to independently investigate the 174
228-existence of any next-of-kin or relative of the decedent. If there is more 175
229-than one person in a class with final disposition of remains rights who 176
230-are equal in priority, the funeral director or embalmer may rely on and 177
231-act according to the instructions of the first such person in the class to 178
232-make funeral and final disposition of remains arrangements, provided 179
233-no person in such class has submitted written notice of his or her 180
234-objections to the funeral director or embalmer and such director or 181
235-embalmer does not otherwise have knowledge of any objection by the 182
236-other members of such class. 183
237-[(l)] (m) No funeral director or embalmer who relies in good faith 184
238-upon the instructions of a person claiming the final right of disposition 185
239-of remains shall be subject to criminal liability or disciplinary action for 186
240-carrying out the final disposition of the remains in accordance with the 187
241-person's instructions and in any civil action brought against such 188
242-funeral director or embalmer for negligence relating to such 189
243-disposition, such funeral director or embalmer shall be presumed to 190
244-have acted reasonably. 191
245-[(m)] (n) This section shall not (1) apply to the disposition of the 192
246-body of a deceased person under the provisions of sections 19a-270 193
247-and 54-102, (2) affect the powers and duties of the Chief Medical 194
248-Examiner under the provisions of sections 19a-406 to 19a-408, 195
249-inclusive, or (3) affect the making of anatomical gifts under the 196
250-provisions of sections 14-42 and 19a-289 to 19a-289v, inclusive. 197
214+no person in such class has submitted written notice of his or her 174
215+objections to the funeral director or embalmer and such director or 175
216+embalmer does not otherwise have knowledge of any objection by the 176
217+other members of such class. 177
218+[(l)] (m) No funeral director or embalmer who relies in good faith 178
219+upon the instructions of a person claiming the final right of disposition 179
220+of remains shall be subject to criminal liability or disciplinary action for 180
221+carrying out the final disposition of the remains in accordance with the 181
222+person's instructions and in any civil action brought against such 182
223+funeral director or embalmer for negligence relating to such 183
224+disposition, such funeral director or embalmer shall be presumed to 184
225+have acted reasonably. 185
226+[(m)] (n) This section shall not (1) apply to the disposition of the 186
227+body of a deceased person under the provisions of sections 19a-270 187
228+and 54-102, (2) affect the powers and duties of the Chief Medical 188
229+Examiner under the provisions of sections 19a-406 to 19a-408, 189
230+inclusive, or (3) affect the making of anatomical gifts under the 190
231+provisions of sections 14-42 and 19a-289 to 19a-289v, inclusive. 191
251232 This act shall take effect as follows and shall amend the following
252233 sections:
253234
254235 Section 1 July 1, 2019 45a-318
255- Substitute Bill No. 7272
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262-JUD Joint Favorable Subst.
237+Statement of Purpose:
238+To affirmatively set forth that a person's authority to make decisions
239+concerning the disposition of a decedent's body under section 45a-318
240+of the general statutes does not permit one to authorize the
241+posthumous retrieval of sperm or eggs from the decedent.
242+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
243+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
244+not underlined.]
263245