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MA S1217

Bill

Status

Introduced

2/27/2025

Primary Sponsor

Patrick O'Connor

Click for details

Origin

Senate

194th General Court

AI Summary

  • Allows adults 18+ of sound mind to direct the disposition of their remains and funeral arrangements through a pre-need funeral contract or sworn affidavit

  • Establishes a priority order for who controls disposition rights when no designation exists: designated person, surviving spouse, majority of children, parents, siblings, grandparents, guardian, personal representative, next of kin, public officials, or any willing person

  • Disposition rights are forfeited by persons charged with murder/manslaughter of the decedent, those who fail to act within 2-3 days, spouses with pending divorce petitions, or those deemed estranged by probate court

  • Probate court may resolve disputes among family members with equal priority by considering factors including reasonableness of arrangements, relationship to decedent, willingness to pay costs, and decedent's wishes

  • Funeral homes are protected from liability when acting in good faith on instructions from someone claiming disposition rights, and may refuse to proceed during disputes until receiving a court order

Legislative Description

Designating right of disposition

Last Action

Accompanied a study order (under JR10), see S2886

12/18/2025

Committee Referrals

Judiciary2/27/2025

Full Bill Text

No bill text available