SENATE BILL REPORT
SB 5629
As of January 18, 2022
Title: An act relating to control of the disposition of remains.
Brief Description: Concerning control of the disposition of remains.
Sponsors: Senators Lovick, Dhingra, Hasegawa, Keiser, Pedersen and Wilson, C..
Brief History:
Committee Activity: Law & Justice: 1/20/22.
Brief Summary of Bill
  • Requires the relinquishment of the right of control for the disposition of human remains if any person has had a vulnerable adult protection order issued against the person related to abuse, exploitation, or neglect of the decedent; or has been convicted of a misdemeanor or other criminal conviction related to the abuse, exploitation, or neglect of the deceased vulnerable adult.
SENATE COMMITTEE ON LAW & JUSTICE
Staff: Tim Ford (786-7423)
Background:

A person has the right to control the disposition of their own remains.  This can be accomplished by making a pre-arrangement 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 pre-arrangement or given directions for the disposition of their remains, then the right to control for the disposition of the remains vests in the following people in the order named:

  • the designated agent of the decedent indicated in a written document signed and dated by the decedent in the presence of a witness;
  • the surviving spouse or state-registered domestic partner;
  • the majority of the surviving adult children;
  • the surviving parents;
  • the majority of the surviving siblings; and
  • a court-appointed guardian for the person at the time of the person's death.

 

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 named.

 

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 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.
Summary of Bill:

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 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 named.
Appropriation: None.
Fiscal Note: Not requested.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.