A person has the right to control the disposition of their own remains. This can be accomplished by making a prearrangement with a licensed funeral establishment or cemetery authority or by executing a written document signed by the decedent in the presence of a witness that expresses the decedent's wishes regarding the place or method of disposition of their remains.
If the decedent has not made a prearrangement or given directions for the disposition of their remains, then the right to control for the disposition of the remains vests in an individual in the following priority:
If any person to whom the right of control has vested has been arrested or charged with first or second degree murder or first degree manslaughter in connection with the decedent's death, the right of control is relinquished and passed on to the next person in the order of priority listed.
The responsibility for the reasonable costs of the preparation, care, and disposition of remains devolves jointly and severally upon all kin of the same degree of kindred in the order of priority listed and on the decedent's estate. If a funeral establishment or cemetery authority is unable to locate the next of kin or the legal representative of the decedent's estate after a good-faith effort, the most responsible person available may authorize the disposition of the decedent's remains.
If any person to whom the right of control for the disposition of human remains has vested has had a vulnerable adult protection order issued against the person related to abuse, exploitation, or neglect of the decedent, or if such person has been convicted of a misdemeanor or other criminal conviction related to the abuse, exploitation, or neglect of the deceased vulnerable adult, the right of control is relinquished and passed on to the next person in the order of priority established by law.
(In support) Someone who has neglected a person in life should not have the right to control the arrangements for the funeral and burial of that person. No family should discover that an abuser has power and control over a deceased family member. People who have had protective orders against family members should not have legal authority to decide how someone's remains will be handled.
(Opposed) None.