Designating right of disposition
The bill impacts Massachusetts law by providing specific criteria that outline who has the right to control the disposition of a deceased person's remains. This includes designated persons listed in a valid affidavit, surviving spouses, children, parents, siblings, and others in descending order of kinship. It establishes a hierarchy that could help resolve disputes over funeral arrangements and final disposition, ensuring that legal precedents are set for these significant decisions.
House Bill H1671, known as the right of disposition bill, focuses on establishing the rights of individuals regarding the control of their remains after death. The bill enables a person aged 18 or older and of sound mind to designate their wishes concerning the disposition of their remains through pre-need funeral service contracts or affidavits. This bill aims to clarify the legal authority and responsibilities concerning funeral arrangements, ensuring that the wishes of the deceased are respected and upheld in a legally binding manner.
A notable point of contention regarding H1671 is the potential for disputes among surviving relatives. The bill stipulates that in case of disagreement among those vested with the right of disposition, the probate court can determine who is most fit to make the decision regarding the funeral and disposition arrangements. Additionally, the bill emphasizes that individuals charged with certain crimes related to the deceased shall forfeit their rights to control the disposition, which could lead to legal challenges about the definition of estrangement and other disqualifying conditions.