Establishing the right of disposition
The proposed legislation primarily impacts Title XVI of the General Laws in Massachusetts, altering the current approach to disposition rights. It specifies that individuals can dictate the terms of their funeral arrangements in advance, which may alleviate some of the emotional burdens families face during a difficult time. Additionally, the bill outlines the hierarchy of individuals who may claim the right of disposition, prioritizing those who had a closer relationship with the deceased. This aims to minimize conflicts in funeral planning but places non-compliant beneficiaries at risk of losing their rights to control the arrangements.
Senate Bill S989, titled 'An Act establishing the right of disposition', proposes significant amendments to the established practices surrounding funeral arrangements and the handling of human remains. The bill introduces a new chapter to Massachusetts law that defines the rights of individuals over their remains, specifically allowing them to stipulate in advance how they wish their remains to be handled after death. This is to be executed through a Pre-Need Funeral Contract. The legislation aims to give individuals greater autonomy regarding their end-of-life decisions and reduce disputes among family members after a death occurs.
While the bill is framed as a progressive move towards individual autonomy in death, it has raised some concerns. Critics may argue that the definitions and stipulations around estrangement and relationship hierarchies could lead to complicated legal disputes, especially in families with strained relationships. Additionally, some might contend that entrusting specific rights to the probate court to settle conflicts about disposition could lead to delays in funerals, which may exacerbate the distress of grieving families. Overall, while S989 aims to clarify and enhance the rights of individuals concerning their remains, it also necessitates careful consideration of its implications.