Louisiana House Bill HB396

Louisiana 2020 Regular Session

• Introduced: 2/27/20
• Refer: 2/27/20
• Refer: 3/9/20

Caption

Provides relative to the disposition of human remains

Impact

The implementation of HB 396 will necessitate amendments to existing state laws governing preneed funeral contracts and the treatment of human remains. By clarifying the rights of individuals associated with a preneed funeral contract, the bill seeks to reduce potential disputes among family members concerning the disposition of remains. Furthermore, the requirement for court intervention in the absence of consensus among authorized individuals indicates a move towards more regulated oversight in sensitive matters related to funerary practices. This could lead to a more consistent legal framework across the state regarding how remains are handled and the permissions required for movements between cemeteries.

Summary

House Bill 396 addresses the rights regarding the pre-death disposition and movement of human remains as governed by preneed funeral contracts. The bill establishes a clear hierarchy of individuals authorized to control the disposition of a funeral recipient's remains prior to their death. This includes the person designated in the preneed contract, the surviving spouse (if no divorce petition is pending), adult children, grandchildren, parents, siblings, and other relatives in order of kinship. This tiered approach aims to streamline decision-making concerning funeral arrangements while respecting the wishes of the deceased as expressed through legally recognized documents.

Sentiment

The sentiment surrounding HB 396 appears to be largely supportive, as it aims to protect the wishes of both the deceased (through prior designations) and the surviving family members. Proponents argue that the bill is a necessary step in modernizing funeral practices and offering clearer guidance during emotionally charged situations. However, there might still be concerns regarding how well the interests of various family members are represented under the proposed hierarchy, particularly in cases where relationships may be strained or non-traditional family structures exist.

Contention

Despite its aims, some contention may arise around the hierarchy of authority given to family members concerning funeral decisions. Critics may argue that this approach simplifies complex family dynamics and does not adequately address situations where disputes are likely, such as estrangement, non-traditional family arrangements, or scenarios involving blended families. Legislative discussions could also center on the potential need for oversight mechanisms to address disagreements that could disrupt the intended smooth process of arranging funerals and managing remains.