DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 396 Original 2020 Regular Session Stagni
Abstract: Provides relative to rights of certain persons authorized to arrange the pre-death
disposition and moving of human remains of the named funeral recipient in a preneed funeral
contract.
Present law (R.S. 37:831) provides definitions for "buyer", "funeral establishment", "funeral
recipient", and "preneed funeral contract".
Proposed law provides for the priority of certain persons in determining the disposition of human
remains of the funeral recipient in a preneed funeral contract prior to the death of the funeral
recipient. The priority listed in proposed law is as follows:
(1)The person designated by the buyer of the preneed funeral contract to control disposition in
the preneed contract.
(2)The surviving spouse of the buyer, if no pending petition for divorce has been filed by either
spouse.
(3)A majority of the surviving adult children of the buyer.
(4)A majority of the surviving adult grandchildren of the buyer.
(5)The surviving parents of the buyer.
(6)A majority of the surviving adult siblings of the buyer.
(7)A majority of the surviving adult persons respectively in the next degrees of kindred as
established in present law (C.C. Art 880 et seq.)
Proposed law provides that in the event the buyer has made multiple notarized declarations of
interment pursuant to proposed law, the last declaration controls the interment of the named funeral
recipient.
Proposed law provides that a final judgment of a district court shall be required when the
authorization of the person with the right to control disposition cannot be obtained.
Proposed law provides that an individual who attempts to enter a preneed contract as a buyer and is denied by a funeral establishment shall have the right to seek a final judgment in district court.
Proposed law provides that the remains of the named funeral recipient in a preneed funeral contract
may be authorized to be moved to another cemetery space in the same cemetery or to another
cemetery with the consent of the cemetery authority and the written consent of one of the following,
in the order named prior to the death of the named funeral recipient, unless other directions have
been given in writing by the buyer of the preneed funeral contract:
(1)The surviving spouse of the buyer of the preneed funeral contract, if no pending petition for
divorce has been filed by either spouse.
(2)A majority of the surviving adult children of the buyer.
(3)A majority of the surviving adult grandchildren of the buyer.
(4)The surviving parents of the buyer.
(5)A majority of the surviving adult siblings of the buyer.
Proposed law provides that a final judgment of a district court shall be required when the
authorization of the person with the right to give permission to move the remains of the named
funeral recipient cannot be obtained.
(Adds R.S. 8:655.1 and 659.1)