As Amended by House Committee

[As Further Amended by Senate Committee of the Whole]

As Amended by Senate Committee
Session of 2000
By Committee on Public Health and Welfare

13             AN  ACT concerning the right to control the disposition of a decedent's
14             remains.
16       Be it enacted by the Legislature of the State of Kansas:
17             Section  1. (a) The following persons, in order of priority stated, when
18       persons in prior classes are unavailable at time of death, may order any
19       lawful manner of final disposition of a decedent's remains including bur-
20       ial, cremation, entombment or anatomical donation:
21             (1) The agent [The individual who, at the time of death of the
22       decedent acted as attorney-in-fact] agent for health care decisions
23       established by a durable power of attorney for health care decisions pur-
24       suant to K.S.A. 58-625, et seq., and amendments thereto, if such power
25       of attorney conveys to the agent the authority to make decisions con-
26       cerning disposition of the deceased's body;
27             (2) the spouse of the decedent;
28             (3) the decedent's surviving adult children. If there is more than one
29       adult child, any adult child who confirms in writing the notification of all
30       other adult children may serve as the authorizing agent direct the man-
31       ner of disposition unless the funeral establishment or crematory au-
32       thority receives written objection to the cremation manner of disposi-
33       tion from another adult child;
34             (4) the decedent's surviving parents;
35             (5) the persons in the next degree of kinship under the laws of de-
36       scent and distribution to inherit the estate of the deceased. If there is
37       more than one person of the same degree, any person of that degree may
38       direct the manner of disposition;
39             (6) a guardian of the person of the decedent at the time of such
40       person's death;
41             (7) the personal representative of the deceased; or
42             (8) in the case of indigents or any other individuals whose final dis-
43       position is the responsibility of the state or county, the public official


  1       charged with arranging the final disposition pursuant to K.S.A. 1999 Supp.
  2       22a-215 and amendments thereto.
  3             (b) A funeral director, funeral establishment or crematory shall not
  4       be subject to criminal prosecution or civil liability for carrying out the
  5       otherwise lawful instructions of the decedent or the person or persons
  6       under this section subsection (a) if the funeral director reasonably be-
  7       lieves such person is entitled to control final disposition. 
  8        Sec.  2. This act shall take effect and be in force from and after its
  9       publication in the statute book.