1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "At-need funeral arrangements" means funeral arrangements made after death. [1993, c. 609, §1 (NEW).]
B. "Custody and control" means the right to make all decisions, consistent with applicable laws, regarding the handling of a dead body, including, but not limited to, possession, at-need funeral arrangements, final disposition and disinterment. [1993, c. 609, §1 (NEW).]
B-1. "Dead body" or "dead human body" means a body or fetus for which it reasonably can be determined that death occurred. [2009, c. 601, §28 (NEW).]
C. "Estranged" means living in separate residences and having a relationship characterized by hostility or indifference. [1993, c. 609, §1 (NEW).]
D. "Next of kin" means a person having the following relationship to the subject, in the following order of priority:
(1) The spouse;
(1-A) A domestic partner. For purposes of this section, "domestic partner" means the partner of the subject who:
(a) Is a mentally competent adult;
(b) Had been legally domiciled with the subject for at least 12 months immediately preceding the death of the subject;
(c) Is not legally married to or legally separated from another individual;
(d) Was the sole partner of the subject; and
(e) Was jointly responsible with the subject for each other's common welfare as evidenced by joint living arrangements, joint financial arrangements or joint ownership of real or personal property;
(2) An adult son or daughter;
(3) A parent;
(4) An adult brother or sister;
(5) An adult grandchild;
(6) An adult niece or nephew who is the child of a brother or sister;
(7) A maternal grandparent;
(8) A paternal grandparent;
(9) An adult aunt or uncle;
(10) An adult first cousin; or
(11) Any other adult relative in descending order of blood relationship. [2009, c. 159, §1 (AMD).]
E. "Subject" means the person whose remains are placed in the custody and control of another person pursuant to this section. [1993, c. 609, §1 (NEW).]
[ 2009, c. 601, §28 (AMD) .]
2. Custody and control generally. The custody and control of the remains of deceased residents of this State, dead bodies or dead human bodies are governed by the following provisions.
A. If the subject has designated a person to have custody and control in a written and signed document, custody and control belong to that person. [1993, c. 609, §1 (NEW).]
B. If the subject has not left a written and signed document designating a person to have custody and control, or if the person designated by the subject refuses custody and control, custody and control belong to the next of kin. [1993, c. 609, §1 (NEW).]
C. If the next of kin is 2 or more persons with the same relationship to the subject, the majority of the next of kin have custody and control. If the next of kin can not, by majority vote, make a decision regarding the subject's remains, the court shall make the decision upon petition under subsection 4, paragraph D. [1993, c. 609, §1 (NEW).]
[ 2009, c. 601, §29 (AMD) .]
3. Estranged spouse or domestic partner. Notwithstanding subsection 2, if the surviving spouse or surviving domestic partner and the subject were estranged at the time of death, the spouse or domestic partner may not have custody and control of the subject's remains. In these cases, custody and control belong to the next of kin following the spouse or domestic partner.
[ 2003, c. 672, §20 (AMD) .]
4. Court determination. Notwithstanding other provisions of this section, the court of probate for the residence of the deceased may award custody and control to the person determined by the court most fit and appropriate to carry out the responsibilities of custody and control, and may make decisions regarding the subject's remains if those having custody and control can not agree. The following provisions apply to court determinations under this subsection.
A. Before the subject's death, the subject or the subject's legal representative may file a petition regarding custody and control of the subject's remains. [1993, c. 609, §1 (NEW).]
B. A relative of the subject may file a petition. [1993, c. 609, §1 (NEW).]
C. A person who claims and establishes through evidence that that person has or had a closer personal relationship to the subject than the next of kin may file a petition, if that person lived with the subject and was not in the employ of the subject or the subject's family. [1993, c. 609, §1 (NEW).]
D. If the next of kin is 2 or more persons with the same relationship to the subject, and the next of kin can not, by majority vote, make a decision regarding the subject's remains, 2 or more persons who have custody or control or a funeral director may file a petition asking the court to make a determination in the matter. The court shall consider the following in making its determination:
(1) The reasonableness and practicality of the proposed arrangements;
(2) The degree of the personal relationship between the subject and each of the 2 or more persons with custody and control;
(3) The desires of the person or persons who are ready, able and willing to pay the costs of the arrangements;
(4) The convenience and needs of other family and friends wishing to pay respect;
(5) The expressed written desires of the subject; and
(6) The degree to which the arrangements will allow maximum participation by all wishing to pay respect. [1993, c. 609, §1 (NEW).]
[ 1993, c. 609, §1 (NEW) .]
5. Wishes of subject. If the subject has left written and signed instructions regarding funeral arrangements and disposal of the subject's remains, the person having custody and control shall abide by those wishes to the extent that the subject paid for those arrangements in advance or left resources for the purpose of carrying out those wishes.
[ 1993, c. 609, §1 (NEW) .]
6. Effect of payment by others. Except to the degree it must be considered by the court under subsection 4, paragraph D, the fact that a person other than the subject has paid or agreed to pay for all or part of arrangements does not give that person a greater right to custody and control than that person would otherwise have.
[ 1993, c. 609, §1 (NEW) .]
7. Authority of personal representative. The personal representative of the estate of the subject does not, by virtue of being the personal representative, have a greater right to custody and control than the person would otherwise have.
[ 1993, c. 609, §1 (NEW) .]
8. Immunity. A party who, in good faith, acts upon the instructions of the party having custody and control is not liable for having carried out those instructions.
[ 1993, c. 609, §1 (NEW) .]
9. Application. This section does not apply to the disposition of the remains of a deceased person under chapter 709. This section does not diminish or otherwise alter the authority of a medical examiner or other official authorized under chapter 711. This section does not alter the rights and obligations of the decedent's next of kin under Title 18-A.
[ 1993, c. 609, §1 (NEW) .]
SECTION HISTORY
1993, c. 609, §1 (NEW). 2003, c. 672, §§19,20 (AMD). 2009, c. 159, §1 (AMD). 2009, c. 601, §§28, 29 (AMD).
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "At-need funeral arrangements" means funeral arrangements made after death. [1993, c. 609, §1 (NEW).]
B. "Custody and control" means the right to make all decisions, consistent with applicable laws, regarding the handling of a dead body, including, but not limited to, possession, at-need funeral arrangements, final disposition and disinterment. [1993, c. 609, §1 (NEW).]
B-1. "Dead body" or "dead human body" means a body or fetus for which it reasonably can be determined that death occurred. [2009, c. 601, §28 (NEW).]
C. "Estranged" means living in separate residences and having a relationship characterized by hostility or indifference. [1993, c. 609, §1 (NEW).]
D. "Next of kin" means a person having the following relationship to the subject, in the following order of priority:
(1) The spouse;
(1-A) A domestic partner. For purposes of this section, "domestic partner" means the partner of the subject who:
(a) Is a mentally competent adult;
(b) Had been legally domiciled with the subject for at least 12 months immediately preceding the death of the subject;
(c) Is not legally married to or legally separated from another individual;
(d) Was the sole partner of the subject; and
(e) Was jointly responsible with the subject for each other's common welfare as evidenced by joint living arrangements, joint financial arrangements or joint ownership of real or personal property;
(2) An adult son or daughter;
(3) A parent;
(4) An adult brother or sister;
(5) An adult grandchild;
(6) An adult niece or nephew who is the child of a brother or sister;
(7) A maternal grandparent;
(8) A paternal grandparent;
(9) An adult aunt or uncle;
(10) An adult first cousin; or
(11) Any other adult relative in descending order of blood relationship. [2009, c. 159, §1 (AMD).]
E. "Subject" means the person whose remains are placed in the custody and control of another person pursuant to this section. [1993, c. 609, §1 (NEW).]
[ 2009, c. 601, §28 (AMD) .]
2. Custody and control generally. The custody and control of the remains of deceased residents of this State, dead bodies or dead human bodies are governed by the following provisions.
A. If the subject has designated a person to have custody and control in a written and signed document, custody and control belong to that person. [1993, c. 609, §1 (NEW).]
B. If the subject has not left a written and signed document designating a person to have custody and control, or if the person designated by the subject refuses custody and control, custody and control belong to the next of kin. [1993, c. 609, §1 (NEW).]
C. If the next of kin is 2 or more persons with the same relationship to the subject, the majority of the next of kin have custody and control. If the next of kin can not, by majority vote, make a decision regarding the subject's remains, the court shall make the decision upon petition under subsection 4, paragraph D. [1993, c. 609, §1 (NEW).]
[ 2009, c. 601, §29 (AMD) .]
3. Estranged spouse or domestic partner. Notwithstanding subsection 2, if the surviving spouse or surviving domestic partner and the subject were estranged at the time of death, the spouse or domestic partner may not have custody and control of the subject's remains. In these cases, custody and control belong to the next of kin following the spouse or domestic partner.
[ 2003, c. 672, §20 (AMD) .]
4. Court determination. Notwithstanding other provisions of this section, the court of probate for the residence of the deceased may award custody and control to the person determined by the court most fit and appropriate to carry out the responsibilities of custody and control, and may make decisions regarding the subject's remains if those having custody and control can not agree. The following provisions apply to court determinations under this subsection.
A. Before the subject's death, the subject or the subject's legal representative may file a petition regarding custody and control of the subject's remains. [1993, c. 609, §1 (NEW).]
B. A relative of the subject may file a petition. [1993, c. 609, §1 (NEW).]
C. A person who claims and establishes through evidence that that person has or had a closer personal relationship to the subject than the next of kin may file a petition, if that person lived with the subject and was not in the employ of the subject or the subject's family. [1993, c. 609, §1 (NEW).]
D. If the next of kin is 2 or more persons with the same relationship to the subject, and the next of kin can not, by majority vote, make a decision regarding the subject's remains, 2 or more persons who have custody or control or a funeral director may file a petition asking the court to make a determination in the matter. The court shall consider the following in making its determination:
(1) The reasonableness and practicality of the proposed arrangements;
(2) The degree of the personal relationship between the subject and each of the 2 or more persons with custody and control;
(3) The desires of the person or persons who are ready, able and willing to pay the costs of the arrangements;
(4) The convenience and needs of other family and friends wishing to pay respect;
(5) The expressed written desires of the subject; and
(6) The degree to which the arrangements will allow maximum participation by all wishing to pay respect. [1993, c. 609, §1 (NEW).]
[ 1993, c. 609, §1 (NEW) .]
5. Wishes of subject. If the subject has left written and signed instructions regarding funeral arrangements and disposal of the subject's remains, the person having custody and control shall abide by those wishes to the extent that the subject paid for those arrangements in advance or left resources for the purpose of carrying out those wishes.
[ 1993, c. 609, §1 (NEW) .]
6. Effect of payment by others. Except to the degree it must be considered by the court under subsection 4, paragraph D, the fact that a person other than the subject has paid or agreed to pay for all or part of arrangements does not give that person a greater right to custody and control than that person would otherwise have.
[ 1993, c. 609, §1 (NEW) .]
7. Authority of personal representative. The personal representative of the estate of the subject does not, by virtue of being the personal representative, have a greater right to custody and control than the person would otherwise have.
[ 1993, c. 609, §1 (NEW) .]
8. Immunity. A party who, in good faith, acts upon the instructions of the party having custody and control is not liable for having carried out those instructions.
[ 1993, c. 609, §1 (NEW) .]
9. Application. This section does not apply to the disposition of the remains of a deceased person under chapter 709. This section does not diminish or otherwise alter the authority of a medical examiner or other official authorized under chapter 711. This section does not alter the rights and obligations of the decedent's next of kin under Title 18-A.
[ 1993, c. 609, §1 (NEW) .]
SECTION HISTORY
1993, c. 609, §1 (NEW). 2003, c. 672, §§19,20 (AMD). 2009, c. 159, §1 (AMD). 2009, c. 601, §§28, 29 (AMD).
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "At-need funeral arrangements" means funeral arrangements made after death. [1993, c. 609, §1 (NEW).]
B. "Custody and control" means the right to make all decisions, consistent with applicable laws, regarding the handling of a dead body, including, but not limited to, possession, at-need funeral arrangements, final disposition and disinterment. [1993, c. 609, §1 (NEW).]
B-1. "Dead body" or "dead human body" means a body or fetus for which it reasonably can be determined that death occurred. [2009, c. 601, §28 (NEW).]
C. "Estranged" means living in separate residences and having a relationship characterized by hostility or indifference. [1993, c. 609, §1 (NEW).]
D. "Next of kin" means a person having the following relationship to the subject, in the following order of priority:
(1) The spouse;
(1-A) A domestic partner. For purposes of this section, "domestic partner" means the partner of the subject who:
(a) Is a mentally competent adult;
(b) Had been legally domiciled with the subject for at least 12 months immediately preceding the death of the subject;
(c) Is not legally married to or legally separated from another individual;
(d) Was the sole partner of the subject; and
(e) Was jointly responsible with the subject for each other's common welfare as evidenced by joint living arrangements, joint financial arrangements or joint ownership of real or personal property;
(2) An adult son or daughter;
(3) A parent;
(4) An adult brother or sister;
(5) An adult grandchild;
(6) An adult niece or nephew who is the child of a brother or sister;
(7) A maternal grandparent;
(8) A paternal grandparent;
(9) An adult aunt or uncle;
(10) An adult first cousin; or
(11) Any other adult relative in descending order of blood relationship. [2009, c. 159, §1 (AMD).]
E. "Subject" means the person whose remains are placed in the custody and control of another person pursuant to this section. [1993, c. 609, §1 (NEW).]
[ 2009, c. 601, §28 (AMD) .]
2. Custody and control generally. The custody and control of the remains of deceased residents of this State, dead bodies or dead human bodies are governed by the following provisions.
A. If the subject has designated a person to have custody and control in a written and signed document, custody and control belong to that person. [1993, c. 609, §1 (NEW).]
B. If the subject has not left a written and signed document designating a person to have custody and control, or if the person designated by the subject refuses custody and control, custody and control belong to the next of kin. [1993, c. 609, §1 (NEW).]
C. If the next of kin is 2 or more persons with the same relationship to the subject, the majority of the next of kin have custody and control. If the next of kin can not, by majority vote, make a decision regarding the subject's remains, the court shall make the decision upon petition under subsection 4, paragraph D. [1993, c. 609, §1 (NEW).]
[ 2009, c. 601, §29 (AMD) .]
3. Estranged spouse or domestic partner. Notwithstanding subsection 2, if the surviving spouse or surviving domestic partner and the subject were estranged at the time of death, the spouse or domestic partner may not have custody and control of the subject's remains. In these cases, custody and control belong to the next of kin following the spouse or domestic partner.
[ 2003, c. 672, §20 (AMD) .]
4. Court determination. Notwithstanding other provisions of this section, the court of probate for the residence of the deceased may award custody and control to the person determined by the court most fit and appropriate to carry out the responsibilities of custody and control, and may make decisions regarding the subject's remains if those having custody and control can not agree. The following provisions apply to court determinations under this subsection.
A. Before the subject's death, the subject or the subject's legal representative may file a petition regarding custody and control of the subject's remains. [1993, c. 609, §1 (NEW).]
B. A relative of the subject may file a petition. [1993, c. 609, §1 (NEW).]
C. A person who claims and establishes through evidence that that person has or had a closer personal relationship to the subject than the next of kin may file a petition, if that person lived with the subject and was not in the employ of the subject or the subject's family. [1993, c. 609, §1 (NEW).]
D. If the next of kin is 2 or more persons with the same relationship to the subject, and the next of kin can not, by majority vote, make a decision regarding the subject's remains, 2 or more persons who have custody or control or a funeral director may file a petition asking the court to make a determination in the matter. The court shall consider the following in making its determination:
(1) The reasonableness and practicality of the proposed arrangements;
(2) The degree of the personal relationship between the subject and each of the 2 or more persons with custody and control;
(3) The desires of the person or persons who are ready, able and willing to pay the costs of the arrangements;
(4) The convenience and needs of other family and friends wishing to pay respect;
(5) The expressed written desires of the subject; and
(6) The degree to which the arrangements will allow maximum participation by all wishing to pay respect. [1993, c. 609, §1 (NEW).]
[ 1993, c. 609, §1 (NEW) .]
5. Wishes of subject. If the subject has left written and signed instructions regarding funeral arrangements and disposal of the subject's remains, the person having custody and control shall abide by those wishes to the extent that the subject paid for those arrangements in advance or left resources for the purpose of carrying out those wishes.
[ 1993, c. 609, §1 (NEW) .]
6. Effect of payment by others. Except to the degree it must be considered by the court under subsection 4, paragraph D, the fact that a person other than the subject has paid or agreed to pay for all or part of arrangements does not give that person a greater right to custody and control than that person would otherwise have.
[ 1993, c. 609, §1 (NEW) .]
7. Authority of personal representative. The personal representative of the estate of the subject does not, by virtue of being the personal representative, have a greater right to custody and control than the person would otherwise have.
[ 1993, c. 609, §1 (NEW) .]
8. Immunity. A party who, in good faith, acts upon the instructions of the party having custody and control is not liable for having carried out those instructions.
[ 1993, c. 609, §1 (NEW) .]
9. Application. This section does not apply to the disposition of the remains of a deceased person under chapter 709. This section does not diminish or otherwise alter the authority of a medical examiner or other official authorized under chapter 711. This section does not alter the rights and obligations of the decedent's next of kin under Title 18-A.
[ 1993, c. 609, §1 (NEW) .]
SECTION HISTORY
1993, c. 609, §1 (NEW). 2003, c. 672, §§19,20 (AMD). 2009, c. 159, §1 (AMD). 2009, c. 601, §§28, 29 (AMD).
