H-1620.1                  _______________________________________________

                                             SUBSTITUTE HOUSE BILL 1195

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Anderson, Sommers, Jacobsen, G. Cole, Johanson, J. Kohl and Leonard)

Read first time 02/19/93.

Allowing a person to dictate the disposition of his or her remains.

          AN ACT Relating to the right of a person to control the disposition of a person's remains; and amending RCW 68.50.160.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 68.50.160 and 1992 c 108 s 1 are each amended to read as follows:

(1) A person has the right to control the disposition of his or her own remains without the predeath or postdeath consent of another person. A valid written document expressing the decedent's wishes regarding the disposition of his or her remains, signed by the decedent in the presence of a witness, is sufficient legal authorization for the procedures to be accomplished.  Prearrangements that are prepaid, or filed with a licensed funeral establishment or cemetery authority, under RCW 18.39.280 through 18.39.345 and chapter 68.46 RCW are not subject to cancellation or substantial revision by survivors.  Absent actual knowledge of contrary legal authorization under this section, a licensed funeral establishment or cemetery authority shall not be held criminally nor civilly liable for acting upon such prearrangements.  If directions have not been given by the decedent, the right to control the disposition of the remains of a deceased person((, unless other directions have been given by the decedent,)) vests in, and the duty of disposition and the liability for the reasonable cost of preparation, care, and disposition of such remains devolves upon the following in the order named:

          (((1))) (a) The surviving spouse.

          (((2))) (b) The surviving adult children of the decedent.

          (((3))) (c) The surviving parents of the decedent.

(d) The surviving siblings of the decedent.

(e) A person acting as a representative of the decedent under the signed authorization of the decedent.

(2) The liability for the reasonable cost of preparation, care, and disposition devolves jointly and severally upon all kin of the decedent ((hereinbefore mentioned)) in the same degree of kindred, in the order listed in subsection (1) of this section, and upon the estate of the decedent.

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