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MA H1671
Bill
Status
2/27/2025
Primary Sponsor
Daniel Donahue
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AI Summary
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Allows individuals 18 or older to direct the disposition of their remains and funeral arrangements through a pre-need funeral contract or sworn affidavit, which cannot be cancelled without authorization from a designated person or due to insufficient funds
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Establishes a priority order for who controls disposition rights when no designation exists: designated person/military designee, surviving spouse, majority of surviving children, surviving parents, majority of surviving siblings, majority of surviving grandparents, guardian, personal representative, next of kin, public officials, or any willing person
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Forfeits disposition rights for persons charged with murder/manslaughter of the decedent, those who fail to act within 2-3 days of notification, spouses with pending divorce petitions, or those deemed estranged by probate court
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Authorizes probate court to resolve disputes among family members with equal priority, considering factors such as practicality, relationships, willingness to pay, and decedent's wishes
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Provides liability protection for funeral homes and directors who rely in good faith on instructions from persons claiming disposition rights, and allows funeral homes to preserve remains and recover costs during disputes
Legislative Description
Designating right of disposition
Last Action
Reported by committee to Clerk’s Office for processing, will accompany a study order
10/14/2025