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MI HB5850

Bill

Status

Introduced

2/23/2010

Primary Sponsor

Bill Caul

Click for details

Origin

House of Representatives

95th Legislature

AI Summary

  • Adds new subsection (11) to MCL 700.3206 establishing priority for service members who designated a person to direct disposition of their remains under federal statute or Department of Defense policy.

  • Designated person (surviving spouse, adult blood relative, adoptive relative, or person standing in loco parentis) has rights to make funeral arrangements and direct body disposition if surviving spouse or blood relatives cannot be found and designated person is willing and able.

  • When a service member's designated person has the authority under subsection (11), subsections (2) through (8) of MCL 700.3206 do not apply, bypassing standard intestate succession priorities.

  • Defines "service member" as individuals described in 10 USC 1481(a)(1) through (8) and adds definition of "nominated personal representative" to subsection (12).

  • Amends MCL 700.3209 to allow funeral establishments to rely on Department of Defense designations under subsection (11) without civil liability for good faith reliance on those designations.

Legislative Description

Probate; other; disposition of decedent's remains; require that directions by a person properly designated by a service member be followed. Amends secs. 3206 & 3209 of 1998 PA 386 (MCL 700.3206 & 700.3209).

Cemeteries and funerals, burial or cremation

Last Action

Placed On Order Of Third Reading

12/1/2010

Committee Referrals

Senior Citizens & Veterans Affairs6/1/2010
Military, Veterans And Homeland Security2/23/2010

Full Bill Text

No bill text available