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House Co-Sponsorship Memoranda
House of Representatives
Session of 2017 - 2018
Regular Session
MEMORANDUM
| Posted: | June 27, 2017 02:04 PM |
|---|---|
| From: | Representative Kerry A. Benninghoff |
| To: | All House members |
| Subject: | Right to Dispose of a Decedent's Remains |
| In the near future, I plan to introduce legislation that will significantly revise and update the law determining who may make decisions concerning the disposition of a decedent's remains. The legislation was recommended in the January 2017 Joint State Government Commission report. Under this legislation, funeral directors will have significantly more authority to make determinations and carry out directives, in accordance with the law, concerning final disposition of remains. Primary consideration will be given to the wishes of the decedents, themselves, as expressed in writing. If there isn't any written expression of a decedent's wishes, a member of one of six statutory classes of persons (in order of priority) who is "reasonably available" may make the decision and direct the funeral director in accordance with those decisions. Disputes about the disposition of a decedent's remains are to be resolved by the orphans' court. The bill provides immunity to any third party relying in good faith on a decedent's written wishes, and to funeral directors in determining whose instructions to follow, absent a written expression of intent by the decedent. The JSGC report can be viewed here: http://jsg.legis.state.pa.us/resources/documents/ftp/publications/2017-01-03%20WEBSITE%20COPY%20DEL_PEF_JAN%204%202017.pdf. I am confident that this legislation will provide greater certainty and reduce conflict. |