Provides relative to the permission to move the remains of a deceased person. (8/15/10)
Impact
The proposed law enforces stricter conditions for moving remains by requiring court intervention in cases of conflict over the relocation. A district court in the jurisdiction of the current cemetery must approve the relocation request, ensuring that the move is backed by clear and convincing evidence of good cause. The court will take into consideration various factors, such as written instructions left by the decedent, the elapsed time since the original interment, and any previous consent granted by disputing parties.
Summary
Senate Bill 435 focuses on the legalities surrounding the relocation of remains from cemeteries. The main provisions of the bill mandate that permission must be obtained from certain relatives of the deceased before such relocation takes place. Specifically, it stipulates that surviving adult children must give their consent, along with the cemetery authority. This addendum aims to protect the wishes of the deceased as articulated in any written directives while ensuring that family disputes are navigated legally.
Sentiment
The sentiment surrounding SB 435 is predominantly supportive, particularly from those who advocate for the rights and wishes of deceased individuals regarding their remains. Proponents believe that the bill enhances respect for the deceased's wishes while simultaneously mitigating potential conflict among family members. However, there may be concerns about the added bureaucracy and legal hurdles, particularly for families seeking to make timely decisions regarding their loved ones’ remains.
Contention
Notable points of contention may arise regarding the interpretation of what constitutes 'good cause' for relocation as determined by the court. The potential for emotional distress, especially in cases of family disputes, could lead to contentious legal battles. Additionally, the requirement of obtaining consent from all surviving adult children may lead to disputes if family dynamics are complicated or if there are estranged relations. This could ultimately prolong the process of relocation and exacerbate family conflicts.