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 Section 45a-318 of the general statutes is repealed and the 1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