HOUSE COMMITTEE ON THE JUDICIARY

F L O O R B O O K M E M O

TO:Rick Staton, Chairman
FROM:Alice Chakmakian
RE:Committee Substitute for H.B. 2335
DATE:March 31, 1999

This committee substitute allows an individual to make his or her intentions as to the disposition of his or her body in three ways. The original bill allowed this only by a cremation authorization form.
First, in §16-30A-4 in a medical power of attorney in specific instructions to the representative to cover particular circumstances.
Second, in §41-1-1 in a will.
Third, in a new cremation authorization form.
The cremation authorization form would allow anyone eighteen and older to authorize his or her own cremation and the final disposition of his or her cremated remains. The form must be in writing, signed by the person authorizing his or her cremation, dated, signed by two witnesses and acknowledged by a notary. The form will have a disclosure to be completed by the individual either not allowing or allowing only certain survivors to cancel the cremation. The form must also specify the final disposition of the cremated remains. A copy of the form must be given to the individual. If a funeral establishment or crematory provides the form, it must keep the executed form on file until the cremation has been performed and compensation has been paid.
Those in possession or having knowledge of the form, or similar intentions in a will or a medical power of attorney shall use best efforts to ensure the decedent's wishes are carried out. Anyone who relies in good faith on the instructions in a form, medical power of attorney or will will not be liable civilly or criminally for such reliance. Good faith is defined as without actual notice of revocation or contrary indication.
Revocation of the form may be accomplished by destruction by the individual, by written revocation, signed and dated or by verbal expression of intent to revoke in the presence of a witness who contemporaneously signs and dates a writing confirming the expression of revocation.
Lastly, the bill provides that where conflicts occur between the will, medical power of attorney or the form, the last document executed will govern.

EFFECTIVE DATE:REGULAR