SCS/SB 366 - This act modifies provisions regarding the designation of "next-of-kin" for purposes of the disposition of dead bodies. Persons taking control or custody of a body may only do so after gifts, if any, are made of the deceased's body pursuant to the Uniform Anatomical Gift Act. Any person designated by the deceased in a prepaid funeral plan or certain other written instruments as the "next-of-kin" shall have the top priority in determining the disposition of the body. If multiple documents exist, then the latest executed shall have priority. Before being allowed the right of sepulcher with regard to a deceased's body, the person must agree to carry out the deceased's person's wishes as stated in a prepaid funeral plan or other written instruments.
In actions against a funeral director or establishment for actions taken in funeral arrangements, a funeral director or establishment shall only be liable if they have actual knowledge that a person's claim to be the deceased's person's next-of-kin was false or had information that would cause a reasonable person to believe the claim was false.
Any person claiming the right to control disposition of the body must state in writing any knowledge of the person as to the designation of a next-of-kin by the deceased person and, if no designation was made, information regarding persons with superior rights to control the body and that attempts have been made to locate such persons.
An individual with a superior claim shall be deemed to have waived the right of sepulcher if the individual fails to object within forty-eight hours of receiving notice from an individual with an inferior claim of their intent to exercise the right. An individual with a superior right may also waive such right at any time if such waiver is in writing and dated.
ADRIANE CROUSE