Increases the types of people who may be responsible for determining the disposition of certain human remains. ...
Sponsorship
A.7351 - DINOWITZ, BRODSKY, NOLAN, BENEDETTO
Memorandum in Support
BILL NUMBER:A7351B
TITLE OF BILL: An act to amend the public health law, in relation to
the priority of persons with responsibility to determine the
disposition of human remains
PURPOSE OR GENERAL IDEA OF BILL:
To add additional categories of relatives or friends that were
inadvertently omitted from the hierarchy which provides such
individuals the right to control the disposition of a deceased loved
one
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends subdivision 2 of section 420 I of the
public health law to include additional categories of relatives and
other interested parties to the list of persons authorized pursuant to
the statute to control the disposition of remains of a deceased
person. Section 2 is the effective date.
JUSTIFICATION:
New York recently enacted legislation which establishes a hierarchy to
determine control of the disposition of a deceased person and which
also sets forth an agency form for purposes of disposition. The
legislation, however, inadvertently left out certain categories of
relatives such as grandparents, grandchildren and nieces and nephews
and close friends familiar with the wishes of the deceased. These
friends and family members are often times the closest to a deceased
individual, reflected in the fact that they are designated as the
primary contact as it relates to funeral arrangements. This is
particularly the case in inter-generational families or for adults who
did not marry or have children. To account for these occasions, the
existing legislation should be amended to include additional
categories of relatives. Also, the existing hierarchy does not have a
"catch-all" category. As a result when there exists no individual that
is listed in the hierarchy, no other person is recognized as having
legal control of disposition. This legislation would avoid such a
scenario by including other relatives who would be entitled in the
manner prescribed under current law to share in the estate of the
decedent.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
Retroactive to August 2, 2006, the effective date of the law
establishing the State`s final disposition hierarchy.