Text of NY A 3129 (2004)

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Bill No.: Summary Actions Floor Votes Memo Text A03129 Summary: BILL NOA03129D SAME ASNo Same As SPONSORDinowitz (MS) COSPNSRGottfried, Glick, Millman, Seddio, Stringer, Sanders, Cohen A, O'Donnell, Hoyt MLTSPNSRAubry, Canestrari, Galef, Grannis, Paulin, Powell, Sidikman, Towns Add S4201, Pub Health L Relates to the rights of domestic partners, surviving spouses, either of the decedent's surviving parents, any of the decedent's surviving siblings and court appointed administrators of the decedent to control the disposition of such decedent's remains in the absence of a written instrument; creates a priority list of those persons which may have the right to control the disposition of the decedent's remains; gives domestic partners the same priority status as surviving spouses; defines domestic partner.Go to top A03129 Text: STATE OF NEW YORK ________________________________________________________________________ 3129--D 2003-2004 Regular Sessions IN ASSEMBLY February 3, 2003 ___________ Introduced by M. of A. DINOWITZ, GOTTFRIED, GLICK, MILLMAN, SEDDIO, STRINGER, SANDERS, A. COHEN, O'DONNELL, HOYT -- Multi-Sponsored by -- M. of A. AUBRY, CANESTRARI, GALEF, GRANNIS, PAULIN, POWELL, SIDIKMAN, TOWNS -- read once and referred to the Committee on Health -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Health in accordance with Assembly Rule 3, sec. 2 -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to the rights of domestic partners, spouses, parents, siblings and court appointed administrators to control the disposition of a decedent's remains The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 4201 to read as follows: 3 § 4201. Disposition of remains; responsibility therefor. 1. As used in 4 this section, the following terms shall have the following meanings, 5 unless the context otherwise requires: 6 (a) "Cremation" means the incineration of human remains. 7 (b) "Disposition" means the cremation, burial or interment, and trans- 8 portation of human remains. 9 (c) "Domestic partner" means a person who, with respect to another 10 person: 11 (i) is formally a party in a domestic partnership entered into pursu- 12 ant to the laws of the United States or of any state, local or foreign 13 jurisdiction; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01718-07-4 A. 3129--D 2 1 (ii) is formally recognized as a beneficiary or covered person under 2 the other person's employment benefits or health insurance; or 3 (iii) is dependent or mutually interdependent on the other person for 4 support, as evidenced by the totality of the circumstances indicating a 5 mutual intent to be domestic partners including, but not limited to: 6 common ownership or joint leasing of real or personal property; common 7 householding, shared income or shared expenses; children in common; 8 signs of intent to marry or become domestic partners under subparagraph 9 (i) or (ii) of this paragraph; or the length of the personal relation- 10 ship of the persons; provided that each party to a domestic partnership 11 under this subparagraph must be at least eighteen years of age. 12 Each party to a domestic partnership shall be considered to be the 13 domestic partner of the other party. "Domestic partner" shall not 14 include a person who is related to the other person by blood in a manner 15 that would bar marriage to the other person in New York state. 16 (d) "Reasonably available" means the person may be contacted with 17 diligent effort. 18 2. Unless a decedent has provided written directions for the disposi- 19 tion of his or her remains pursuant to a written instrument executed 20 pursuant to this section or pursuant to a will, the following persons in 21 descending priority shall have the right to control the disposition, 22 including burial, interment or cremation, of the remains of such dece- 23 dent and any and all reasonable costs associated therewith and the 24 disposition of any part of the decedent's body pursuant to article 25 forty-three of this chapter: 26 (a) the person designated in a written instrument executed pursuant to 27 the provisions of this section; 28 (b) the decedent's surviving spouse or domestic partner; 29 (c) any of the decedent's surviving children eighteen years of age or 30 older; 31 (d) either of the decedent's surviving parents; 32 (e) any of the decedent's surviving siblings eighteen years of age or 33 older; or 34 (f) an administrator of the estate of the decedent lawfully appointed 35 by a public officer with the authority to do so. 36 If a person designated to control the disposition of a decedent's 37 remains, pursuant to this subdivision, is not reasonably available, 38 unwilling or not competent to serve, and such person is not expected to 39 become reasonably available, willing or competent, then those persons of 40 equal priority and, if there be none, those persons of the next succeed- 41 ing priority shall have the right to dispose of the decedent's remains 42 in a manner appropriate to the moral and individual beliefs of the dece- 43 dent to the extent reasonably possible and shall be liable for the 44 reasonable cost of disposition. 45 3. The written instrument referred to in paragraph (a) of subdivision 46 two of this section shall be in substantially the following form: 47 APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS 48 I, _____________________________________________________________________ 49 (Your name and address) 50 being of sound mind, willfully and voluntarily make known my desire 51 that, upon my death, the disposition of my remains shall be controlled 52 by . 53 (name of agent) 54 With respect to that subject only, I hereby appoint such person as my 55 agent with respect to the disposition of my remains, including crema- 56 tion. A. 3129--D 3 1 SPECIAL DIRECTIONS: 2 Set forth below are any special directions limiting the power granted 3 to my agent as well as any instructions or wishes desired to be followed 4 in the disposition of my remains, to the extent that my estate and agent 5 are financially and reasonably able to do so: 6 ________________________________________________________________________ 7 ________________________________________________________________________ 8 ________________________________________________________________________ 9 ________________________________________________________________________ 10 ________________________________________________________________________ 11 AGENT: 12 Name: __________________________________________________________________ 13 Address: _______________________________________________________________ 14 Telephone Number: ______________________________________________________ 15 SUCCESSORS: 16 If my agent dies, resigns, or is unable to act, I hereby appoint the 17 following persons (each to act alone and successively, in the order 18 named) to serve as my agent to control the disposition of my remains as 19 authorized by this document: 20 1. First Successor 21 Name: __________________________________________________________________ 22 Address: _______________________________________________________________ 23 Telephone Number: ______________________________________________________ 24 2. Second Successor 25 Name: __________________________________________________________________ 26 Address: _______________________________________________________________ 27 Telephone Number: ______________________________________________________ 28 DURATION: 29 This appointment becomes effective upon my death. 30 PRIOR APPOINTMENT REVOKED: 31 I hereby revoke any prior appointment of any person to control the 32 disposition of my remains. 33 RELIANCE: 34 I hereby agree that any cemetery organization, business operating a 35 crematory or columbarium, funeral director, embalmer, or funeral estab- 36 lishment which receives a copy of this document may act under it. Any 37 modification or revocation of this document shall not be effective as to 38 any such party until that party receives actual notice of the modifica- 39 tions or revocation. No such party shall be liable because of reliance 40 on a copy of this document. 41 ASSUMPTION: 42 THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS APPOINTMENT, 43 ASSUMES THE OBLIGATIONS PROVIDED IN, AND IS BOUND BY THE PROVISIONS OF 44 THE PUBLIC HEALTH LAW. 45 Signed this________________day of________________,_____. 46 _________________________________ A. 3129--D 4 1 (your signature) 2 ________________________________________________________________________ 3 (your address) 4 I declare that the person who executed this document is personally 5 known to me and appears to be of sound mind and acting of his or her 6 free will. He or she signed (or asked another to sign for him or her) 7 this document in my presence. 8 Witness 1: _________________ 9 (signature) 10 Address: _________________ 11 Witness 2: _________________ 12 (signature) 13 Address: _________________ 14 4. A person may provide for the disposition of his or her remains in a 15 will or a written instrument executed pursuant to this section. A writ- 16 ten instrument shall be deemed valid under subdivision two of this 17 section if the wording complies with the provisions of subdivision three 18 of this section, is properly completed, signed by the decedent, the 19 agent and each successor, and the signature of the decedent is acknowl- 20 edged. Such written instrument may be modified or revoked by notifying 21 the agent, designated therein, orally or by any other act evincing a 22 specific intent to modify or revoke such instrument. Directions included 23 in a will may only be modified or revoked pursuant to the estates, 24 powers and trusts law. Every person controlling the disposition of the 25 remains of a decedent pursuant to this section shall faithfully carry 26 out the directions of the decedent to the extent that the decedent's 27 estate and agent are financially and reasonably able to do so. 28 5. Notwithstanding any other provision of the law to the contrary, 29 directions in a will for the disposition of the remains of the testator 30 shall be carried out immediately without the necessity of probate. All 31 actions taken reasonably and in good faith based upon a will shall be 32 deemed valid regardless of whether the will is probated or subsequently 33 declared invalid. 34 6. Any person who represents that he or she knows the identity of a 35 decedent and for the purpose of arranging the disposition of the remains 36 of such decedent, signs an order or statement, other than a death 37 certificate assuring such identity, shall be liable for all damages 38 resulting directly or indirectly from such assurance. Notice of such 39 assumption of liability shall be clearly stated on any such order or 40 statement. 41 7. No cemetery organization, business operating a crematory or colum- 42 barium, funeral director, embalmer or funeral establishment shall be 43 held liable for actions reasonably taken to carry out the written 44 directions of a decedent as stated in a will or in a written instrument 45 executed pursuant to this section. No cemetery organization, business 46 operating a crematory or columbarium, funeral director, embalmer or 47 funeral establishment shall be held liable for actions reasonably taken 48 to carry out the directions of a person who represents that he or she is A. 3129--D 5 1 entitled to control of the disposition of a decedent's remains, provided 2 that such action is taken only after requesting and receiving reasonable 3 verification that such person is entitled to control the disposition of 4 the decedent's remains. 5 8. Every dispute relating to the disposition of the remains of a dece- 6 dent among persons of equal priority pursuant to subdivision two of this 7 section shall be resolved by a court of competent jurisdiction. No 8 person providing services relating to the disposition of the remains of 9 a decedent shall be held liable for refusal to provide such services, 10 when control of the disposition of such remains is contested, until such 11 person receives a court order or other form of notification signed by 12 all parties to the dispute establishing such control. 13 § 2. This act shall take effect on the one hundred eightieth day after 14 it shall have become a law. Go to top Sitemap Request Information Directions and Maps