Text of NY S 1924 (2006)

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Bill No.: Summary Actions Floor Votes Memo Text S01924 Summary: BILL NOS01924A SAME ASSAME AS A01238-A SPONSORBALBONI COSPNSRLEIBELL, MALTESE, MEIER, RATH, ROBACH, SPANO, VOLKER MLTSPNSR Add S4201, Pub Health L Relates to the rights of certain individuals of the decedent to control the disposition of such decedent's remains in the absence of a written instrument; creates a priorty 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 S01924 Text: STATE OF NEW YORK ________________________________________________________________________ 1924--A 2005-2006 Regular Sessions IN SENATE February 7, 2005 ___________ Introduced by Sens. BALBONI, LEIBELL, MALTESE, MEIER, RATH, ROBACH, SPANO, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the public health law, in relation to 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 14 (ii) is formally recognized as a beneficiary or covered person under 15 the other person's employment benefits or health insurance; or 16 (iii) is at least eighteen years of age and dependent or mutually 17 interdependent on the other person for support, indicating a mutual 18 intent to be domestic partners. For purposes of this subdivision, the 19 person asserting a domestic partnership shall provide original documents 20 as follows: 21 (A) Proof of six months of cohabitation in the form of one of any of 22 the following documents: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02598-11-5 S. 1924--A 2 1 (1) Auto registration; 2 (2) Bank statement; 3 (3) Driver's license or state-issued non-driver identification card; 4 (4) Mailed insurance benefits statement; 5 (5) Lease agreement listing both parties; 6 (6) Mortgage agreement listing both parties; or 7 (7) Telephone or utility bill; and 8 (B) Proof of financial interdependence in the form of two of any of 9 the following: 10 (1) Joint ownership of a residence; 11 (2) Joint renters' or homeowners' insurance policy; 12 (3) Beneficiary designation on the other's life insurance policy; 13 (4) Mutually granted durable power of attorney; 14 (5) Designation of one person as the representative payee for the 15 other person's benefits; 16 (6) Designation of one person as the health care agent on the health 17 care proxy for the other person or designation of a health care power of 18 attorney; 19 (7) Joint bank account or joint credit card; or 20 (8) Lease agreement listing both parties. 21 Each party to a domestic partnership shall be considered to be the 22 domestic partner of the other party. "Domestic partner" shall not 23 include a person who is related to the other person by blood in a manner 24 that would bar marriage to the other person in New York state. 25 (d) "Reasonably available" means the person may be contacted with 26 diligent effort. 27 2. (a) The following persons in descending priority shall have the 28 right to control the disposition, including burial, interment or crema- 29 tion, of the remains of such decedent and any and all reasonable costs 30 associated therewith and the disposition of any part of the decedent's 31 body pursuant to article forty-three of this chapter: 32 (i) the person designated in a will or a written instrument executed 33 pursuant to the provisions of this section; 34 (ii) the decedent's surviving spouse; 35 (ii-a) domestic partner as defined by paragraph (c) of subdivision one 36 of this section; 37 (iii) any of the decedent's surviving children eighteen years of age 38 or older; 39 (iv) either of the decedent's surviving parents; 40 (v) any of the decedent's surviving siblings eighteen years of age or 41 older; 42 (vi) a guardian appointed pursuant to article seventeen or seventeen-a 43 of the surrogate's court procedure act or article eighty-one of the 44 mental hygiene law; or 45 (vii) a duly appointed fiduciary of the estate of the decedent. 46 (b) If a person designated to control the disposition of a decedent's 47 remains, pursuant to this subdivision, is not reasonably available, 48 unwilling or not competent to serve, and such person is not expected to 49 become reasonably available, willing or competent, then those persons of 50 equal priority and, if there be none, those persons of the next succeed- 51 ing priority shall have the right to dispose of the decedent's remains. 52 (c) The person in control of disposition, pursuant to this section, 53 shall faithfully carry out the directions of the decedent to the extent 54 the decedent's estate and agent are financially and reasonably able to 55 do so. The person in control of disposition shall also dispose of the 56 decedent in a manner appropriate to the moral and individual beliefs of S. 1924--A 3 1 the decedent provided that such morals and beliefs do not conflict with 2 the directions of the decedent. The person in control of disposition 3 shall be liable for the reasonable cost of disposition including, but 4 not limited to, burial and/or cremation and may recover such costs from 5 the fiduciary of the decedent's estate in accordance with section eigh- 6 teen hundred eleven of the surrogate's court procedure act. 7 3. The written instrument referred to in paragraph (a) of subdivision 8 two of this section shall be in substantially the following form: 9 APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS 10 I, _____________________________________________________________________ 11 (Your name and address) 12 being of sound mind, willfully and voluntarily make known my desire 13 that, upon my death, the disposition of my remains shall be controlled 14 by . 15 (name of agent) 16 With respect to that subject only, I hereby appoint such person as my 17 agent with respect to the disposition of my remains, including crema- 18 tion. 19 SPECIAL DIRECTIONS: 20 Set forth below are any special directions limiting the power granted 21 to my agent as well as any instructions or wishes desired to be followed 22 in the disposition of my remains, to the extent that my estate and agent 23 are financially and reasonably able to do so: 24 ________________________________________________________________________ 25 ________________________________________________________________________ 26 ________________________________________________________________________ 27 ________________________________________________________________________ 28 ________________________________________________________________________ 29 Indicate below if you have entered into a pre-need arrangement for 30 funeral merchandise or service in advance of need: 31 [ ] No, I have not entered into a pre-need arrangement. 32 [ ] Yes, I have entered into a pre-need arrangement. 33 ________________________________________________________________________ 34 (Name of establishment with which you arranged merchandise and services) 35 AGENT: 36 Name: __________________________________________________________________ 37 Address: _______________________________________________________________ 38 Telephone Number: ______________________________________________________ 39 SUCCESSORS: 40 If my agent dies, resigns, or is unable to act, I hereby appoint the 41 following persons (each to act alone and successively, in the order 42 named) to serve as my agent to control the disposition of my remains as 43 authorized by this document: 44 1. First Successor 45 Name: __________________________________________________________________ 46 Address: _______________________________________________________________ 47 Telephone Number: ______________________________________________________ 48 2. Second Successor S. 1924--A 4 1 Name: __________________________________________________________________ 2 Address: _______________________________________________________________ 3 Telephone Number: ______________________________________________________ 4 DURATION: 5 This appointment becomes effective upon my death. 6 PRIOR APPOINTMENT REVOKED: 7 I hereby revoke any prior appointment of any person to control the 8 disposition of my remains. 9 RELIANCE: 10 I hereby agree that any cemetery organization, business operating a 11 crematory or columbarium, funeral director, embalmer, or funeral estab- 12 lishment which receives a copy of this document may act under it. Any 13 modification or revocation of this document shall not be effective as to 14 any such party until that party receives actual notice of the modifica- 15 tions or revocation. No such party shall be liable because of reliance 16 on a copy of this document. 17 Statement by witness (must be 18 or older) 18 I declare that the person who executed this document is personally 19 known to me and appears to be of sound mind and acting of his or her 20 free will. He or she signed (or asked another to sign for him or her) 21 this document in my presence. 22 Witness 1: _________________ 23 (signature) 24 Address: _________________ 25 Witness 2: _________________ 26 (signature) 27 Address: _________________ 28 ACCEPTANCE AND ASSUMPTION BY AGENT: 29 1. I have no actual knowledge or actual notice of revocation of this 30 appointment to control disposition of remains. 31 2. I hereby accept this appointment and assume the obligations 32 provided by this appointment for the reasonable costs of disposition. I 33 have the right, however, to be reimbursed by the fiduciary of the 34 decedent's estate, provided such costs are determined reasonable. 35 Signed this day of , . 36 _______________________ 37 (your signature) 38 4. A person may provide for the disposition of his or her remains in a 39 will or a written instrument executed pursuant to this section. A writ- 40 ten instrument shall be deemed valid under subdivision two of this 41 section if the wording complies with the provisions of subdivision three 42 of this section, is properly completed, signed by the decedent, the 43 agent and each successor, and the signature of the decedent is acknowl- 44 edged. S. 1924--A 5 1 5. A written instrument executed under this section shall be revoked 2 upon execution by the principal of a subsequent written instrument and 3 directions on disposition and agent designations in a will shall be 4 superseded by a subsequent duly executed will or written instrument made 5 pursuant to subdivision three of this section. The designation of the 6 principal's spouse as an agent in control of disposition of remains 7 shall be revoked upon the divorce or legal separation of the principal 8 and spouse unless the principal specified in writing otherwise. 9 6. Notwithstanding any other provision of the law to the contrary, 10 directions in a will for the disposition of the remains of the testator 11 shall be carried out immediately without the necessity of probate. All 12 actions taken reasonably and in good faith based upon a will shall be 13 deemed valid regardless of whether the will is probated or subsequently 14 declared invalid. 15 7. A person acting reasonably and in good faith, shall not be subject 16 to any civil liability for: 17 (a) representing himself or herself to be the person in control of a 18 decedent's disposition; 19 (b) disposing of a decedent's remains if done with the reasonable 20 belief that such disposal is not contrary to the wishes of the decedent; 21 or 22 (c) identifying a decedent. 23 8. No cemetery organization, business operating a crematory or colum- 24 barium, funeral director, undertaker, embalmer, or funeral establishment 25 shall be held liable for actions taken reasonably and in good faith to 26 carry out the written directions of a decedent as stated in a will or in 27 a written instrument executed pursuant to this section. No cemetery 28 organization, business operating a crematory or columbarium, funeral 29 director, undertaker, embalmer or funeral establishment shall be held 30 liable for actions taken reasonably and in good faith to carry out the 31 directions of a person who represents that he or she is entitled to 32 control of the disposition of remains, provided that such action is 33 taken only after requesting and receiving reasonable verification that 34 such person: 35 (a) is the designated agent of the decedent designated in a will or 36 written instrument executed pursuant to this section; or 37 (b) signs a written statement that he or she has no knowledge that the 38 decedent executed a written instrument pursuant to this section or a 39 will containing directions for the disposition of his or her remains and 40 that such person is the person having priority under subdivision two of 41 this section. 42 9. Every dispute relating to the disposition of the remains of a dece- 43 dent among persons of equal priority pursuant to subdivision two of this 44 section shall be resolved by a court of competent jurisdiction. No 45 person providing services relating to the disposition of the remains of 46 a decedent shall be held liable for refusal to provide such services, 47 when control of the disposition of such remains is contested, until such 48 person receives a court order or other form of notification signed by 49 all parties to the dispute establishing such control. 50 § 2. This act shall take effect on the one hundred eightieth day after 51 it shall have become a law. Go to top Sitemap Request Information Directions and Maps