HF 454

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

A bill for an act
relating to health; modifying provisions for disposition of a deceased person;
amending Minnesota Statutes 2008, section 149A.80, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 149A.80, subdivision 2, is amended to
read:

Subd. 2.

Determination of right to control and duty of disposition.

new text begin (a) new text end The right
to control the disposition of the remains of a deceased person, including the location and
conditions of final disposition, unless other directions have been given by the decedent
pursuant to subdivision 1, vests in, and the duty of final disposition of the body devolves
upon, the following in the order of priority listed:

(1) the person or persons appointed in a dated written instrument signed by the
decedent. Written instrument includes, but is not limited to, a health care directive
executed under chapter 145C. Written instrument does not include a durable or nondurable
power of attorney which terminates on the death of the principal pursuant to sections
523.08 and 523.09;

(2) the spouse of the decedent;

(3) new text begin the domestic partner of the decedent;
new text end

new text begin (4) new text end the adult child or the majority of the adult children of the decedent, provided
that, in the absence of actual knowledge to the contrary, a funeral director or mortician
may rely on instructions given by the child or children who represent that they are the sole
surviving child, or that they constitute a majority of the surviving children;

deleted text begin (4) deleted text end new text begin (5) new text end the surviving parent or parents of the decedent, each having equal authority;

deleted text begin (5) deleted text end new text begin (6) new text end the adult sibling or the majority of the adult siblings of the decedent, provided
that, in the absence of actual knowledge to the contrary, a funeral director or mortician
may rely on instructions given by the sibling or siblings who represent that they are the
sole surviving sibling, or that they constitute a majority of the surviving siblings;

deleted text begin (6) deleted text end new text begin (7) new text end the person or persons respectively in the next degree of kinship in the order
named by law to inherit the estate of the decedent; and

deleted text begin (7) deleted text end new text begin (8) new text end the appropriate public or court authority, as required by law.

new text begin (b) new text end For purposes of this subdivision, the appropriate public or court authority
includes the county board of the county in which the death occurred if the person dies
without apparent financial means to provide for final disposition or the district court in
the county in which the death occurred.

new text begin (c) For purposes of this subdivision, "domestic partners" are persons who:
new text end

new text begin (1) are adults and mentally competent to enter into legally binding contracts;
new text end

new text begin (2) have assumed responsibility for each other's basic common welfare, financial
obligations, and well being;
new text end

new text begin (3) share a common domicile and primary residence with each other on a permanent
basis;
new text end

new text begin (4) have a committed interdependent relationship with each other, intend to continue
that relationship indefinitely, and do not have this type of relationship with any other
person;
new text end

new text begin (5) are not married to another person and have not entered into a domestic
partnership arrangement that is currently in effect; and
new text end

new text begin (6) are not related by blood or adoption so that a marriage between them would be
prohibited under section 517.03, subdivision 1, paragraph (a), clause (2) or (3).
new text end