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.