Text of MN SF 341 (2010)
Wrongful death actions by domestic partners authorization; right to control deceased persons remains expansion to domestic partners (Final Wishes)
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As introduced
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S.F. No. 341, as introduced - 86th Legislative Session (2009-2010) [09-1435]
A bill for an act
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relating to health; modifying provisions for disposition of a deceased person;
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amending Minnesota Statutes 2008, section 149A.80, subdivision 2.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Section 1. Minnesota Statutes 2008, section 149A.80, subdivision 2, is amended to
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read:
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Subd. 2. Determination of right to control and duty of disposition. The right to
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control the disposition of the remains of a deceased person, including the location and
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conditions of final disposition, unless other directions have been given by the decedent
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pursuant to subdivision 1, vests in, and the duty of final disposition of the body devolves
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upon, the following in the order of priority listed:
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(1) the person or persons appointed in a dated written instrument signed by the
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decedent. Written instrument includes, but is not limited to, a health care directive
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executed under chapter 145C. Written instrument does not include a durable or nondurable
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power of attorney which terminates on the death of the principal pursuant to sections
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523.08 and 523.09;
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(2) the spouse of the decedent;
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(3) the domestic partner of the decedent;
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(4) the adult child or the majority of the adult children of the decedent, provided
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that, in the absence of actual knowledge to the contrary, a funeral director or mortician
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may rely on instructions given by the child or children who represent that they are the sole
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surviving child, or that they constitute a majority of the surviving children;
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(4) (5) the surviving parent or parents of the decedent, each having equal authority;
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Section 1.
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S.F. No. 341, as introduced - 86th Legislative Session (2009-2010) [09-1435]
(5) (6) the adult sibling or the majority of the adult siblings of the decedent, provided
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that, in the absence of actual knowledge to the contrary, a funeral director or mortician
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may rely on instructions given by the sibling or siblings who represent that they are the
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sole surviving sibling, or that they constitute a majority of the surviving siblings;
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(6) (7) the person or persons respectively in the next degree of kinship in the order
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named by law to inherit the estate of the decedent; and
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(7) (8) the appropriate public or court authority, as required by law.
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For purposes of this subdivision, the appropriate public or court authority includes
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the county board of the county in which the death occurred if the person dies without
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apparent financial means to provide for final disposition or the district court in the county
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in which the death occurred.
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Section 1.
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