BILL REQ. #: H-1874.1
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/17/11.
AN ACT Relating to the right to control the disposition of human 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 2010 c 274 s 602 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 place or method of 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.
(2) 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.
(3) If the decedent has not made a prearrangement as set forth in
subsection (2) of this section or the costs of executing the decedent's
wishes regarding the disposition of the decedent's remains exceeds a
reasonable amount or directions have not been given by the decedent,
the right to control the disposition of the remains of a deceased
person 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:
(a) The designated agent of the decedent as directed through a
written document signed and dated by the decedent in the presence of a
witness. The direction of the designated agent is sufficient to direct
the type, place, and method of disposition.
(b) The surviving spouse or state registered domestic partner.
(((b))) (c) The majority of the surviving adult children of the
decedent.
(((c))) (d) The surviving parents of the decedent.
(((d))) (e) The majority of the surviving siblings of the decedent.
(((e) A person acting as a representative of the decedent under the
signed authorization of the decedent.))
(f) A court-appointed guardian for the person at the time of the
person's death.
(4) If any person to whom the right of control has vested pursuant
to subsection (3) of this section 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 in accordance with subsection (3) of this
section.
(5) If a cemetery authority as defined in RCW 68.04.190 or a
funeral establishment licensed under chapter 18.39 RCW has made a good
faith effort to locate the person cited in subsection (3)(a) through
(((e))) (f) of this section or the legal representative of the
decedent's estate, the cemetery authority or funeral establishment
shall have the right to rely on an authority to bury or cremate the
human remains, executed by the most responsible party available, and
the cemetery authority or funeral establishment may not be held
criminally or civilly liable for burying or cremating the human
remains. In the event any government agency or charitable organization
provides the funds for the disposition of any human remains ((and the
government agency elects to provide funds for cremation only)), the
cemetery authority or funeral establishment may not be held criminally
or civilly liable for cremating the human remains.
(6) The liability for the reasonable cost of preparation, care, and
disposition devolves jointly and severally upon all kin of the decedent
in the same degree of kindred, in the order listed in subsection (3) of
this section, and upon the estate of the decedent.