SF 2000

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:33pm

A bill for an act
relating to burials; changing provisions for advance directives or written
directives for decedent's final disposition and right to control final disposition;
amending Minnesota Statutes 2008, section 149A.80, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2008, section 149A.80, subdivision 1, is amended to
read:

Subdivision 1.

Advance directives and will of decedent.

A person may direct
the preparation for, type, or place of that person's final disposition, as well as the type
of conveyance to be used to transport the body to the place of final disposition, deleted text begin either deleted text end
by deleted text begin oral or deleted text end written instructions. Arrangements made in advance of need deleted text begin with a funeral
establishment deleted text end must be in writing and dated, signed, and deleted text begin notarized deleted text end new text begin witnessed new text end . The person
or persons otherwise entitled to control the final disposition under this chapter shall
faithfully carry out the reasonable and otherwise lawful directions of the decedent to
the extent that the decedent has provided resources for the purpose of carrying out the
directions. If the instructions are contained in a will, they shall be immediately carried
out, regardless of the validity of the will in other respects or of the fact that the will may
not be offered for or admitted to probate until a later date, subject to other provisions of
this chapter or any other law of this state. This subdivision shall be administered and
construed so that the reasonable and lawful instructions of the decedent or the person
entitled to control the final disposition shall be faithfully and promptly performed.

Sec. 2.

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

Subd. 2.

Determination of right to control and duty of disposition.

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 new text begin and witnessed new text end 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) 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;

(4) the surviving parent or parents of the decedent, each having equal authority;

(5) 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;

(6) new text begin the adult grandchild or the majority of the adult grandchildren 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 a grandchild or grandchildren who represent
that they are the only grandchild or grandchildren reasonably available to control final
disposition of the decedent's remains or represent a majority of grandchildren reasonably
available to control final disposition of the decedent's remains;
new text end

new text begin (7) the grandparent or the grandparents of the decedent, each having equal authority;
new text end

new text begin (8) the adult nieces and nephews of the decedent, or a majority of them, provided
that, in the absence of actual knowledge to the contrary, a funeral director or mortician
may rely on instructions given by a niece, nephew, or nieces and nephews who represent
that they are the only niece, nephew, or nieces and nephews reasonably available to control
final disposition of the decedent's remains or represent a majority of nieces and nephews
reasonably available to control final disposition of the decedent's remains;
new text end

new text begin (9) the person or persons who were acting as the guardians of the decedent with
authority to make health care decisions for the decedent at the time of death;
new text end

new text begin (10) an adult who exhibited special care and concern for the decedent;
new text end

new text begin (11) 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 (12) new text end the appropriate public or court authority, as required by law.

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.