Bill Text: MI SB1526 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Probate; wills and estates; final disposition of decedent remains; establish a time limit for an objection to directions left by a decedent. Amends secs. 3206 & 3209 of 1998 PA 386 (MCL 700.3206 & 700.3209) & adds sec. 3206a.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-09-29 - Referred To Committee On Judiciary [SB1526 Detail]
Download: Michigan-2009-SB1526-Introduced.html
SENATE BILL No. 1526
September 29, 2010, Introduced by Senator CHERRY and referred to the Committee on Judiciary.
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending sections 3206 and 3209 (MCL 700.3206 and 700.3209),
section 3206 as amended by 2008 PA 41 and section 3209 as added by
2006 PA 299, and by adding section 3206a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3206. (1) Subject to 1953 PA 181, MCL 52.201 to 52.216,
and to part 28 and article 10 of the public health code, 1978 PA
368, MCL 333.2801 to 333.2899 and 333.10101 to 333.11101, a person
with priority under subsections (2) to (4) or acting under
subsection (5), (6), (7), or (8) is presumed to have the right and
power to make decisions about funeral arrangements and the
handling, disposition, or disinterment of a decedent's body,
including, but not limited to, decisions about cremation, and the
right to possess cremated remains of the decedent. The handling,
disposition, or disinterment of a body shall be under the
supervision of a person licensed to practice mortuary science in
this state.
(2) The surviving spouse or, if there is no surviving spouse,
the individual or individuals 18 years of age or older, in the
highest order of priority under section 2103, and related to the
decedent in the closest degree of consanguinity, have the rights
and powers under subsection (1).
(3) If the surviving spouse or the individual or individuals
with the highest priority as determined under subsection (2) do not
exercise their rights or powers under subsection (1) or cannot be
located after a good-faith effort to contact them, the rights and
powers under subsection (1) may be exercised by the individual or
individuals in the same order of priority under section 2103 who
are related to the decedent in the next closest degree of
consanguinity. If the individual or each of the individuals in an
order of priority as determined under this subsection similarly
does not exercise his or her rights or powers or cannot be located,
the rights or powers under subsection (1) pass to the next order of
priority, with the order of priority being determined by first
taking the individuals in the highest order of priority under
section 2103 and then taking the individuals related to the
decedent in the closest or, as applicable, next closest degree of
consanguinity in that order of priority.
(4) If 2 or more individuals share the rights and powers
described in subsection (1) as determined under subsection (2) or
(3), the rights and powers shall be exercised as decided by a
majority of the individuals. The decision of the majority may be
determined as provided in section 3206a. If a majority cannot
agree, any of the individuals may file a petition under section
3207.
(5) If no individual described in subsections (2) and (3)
exists, exercises the rights or powers under subsection (1), or can
be located after a sufficient attempt as described in subsection
(9), and if subsection (6) does not apply, then the personal
representative or nominated personal representative may exercise
the rights and powers under subsection (1), either before or after
his or her appointment.
(6) If no individual described in subsections (2) and (3)
exists, exercises the rights or powers under subsection (1), or can
be located after a sufficient attempt as described in subsection
(9), and if the decedent was under a guardianship at the time of
death, the guardian may exercise the rights and powers under
subsection (1) and may make a claim for the reimbursement of burial
expenses as provided in section 5216 or 5315, as applicable.
(7) If no individual described in subsections (2) and (3)
exists, exercises the rights or powers under subsection (1), or can
be located after a sufficient attempt as described in subsection
(9), if the decedent died intestate, and if subsection (6) does not
apply, a special personal representative appointed under section
3614(c) may exercise the rights and powers under subsection (1).
(8) If there is no person under subsections (2) to (7) to
exercise the rights and powers under subsection (1), 1 of the
following, as applicable, shall exercise the rights and powers
under subsection (1):
(a) Unless subdivision (b) applies, the county public
administrator, if willing, or the medical examiner for the county
where the decedent was domiciled at the time of his or her death.
(b) If the decedent was incarcerated in a state correctional
facility at the time of his or her death, the director of the
department of corrections or the designee of the director.
(9) An attempt to locate a person described in subsection (2)
or (3) is sufficient if a reasonable attempt is made in good faith
by a family member, personal representative, or nominated personal
representative of the decedent to contact the person at his or her
last known address, telephone number, or electronic mail address.
(10) This section does not void or otherwise affect an
anatomical gift made under part 101 of the public health code, 1978
PA 368, MCL 333.10101 to 333.10123.
(11) As used in this section, "nominated personal
representative" means a person nominated to act as personal
representative in a will that the nominated person reasonably
believes to be the valid will of the decedent.
Sec. 3206a. (1) If a decedent has left written instructions
about funeral arrangements and the handling, disposition, or
disinterment of the decedent's body and 2 or more individuals share
the rights and powers described in section 3206(1) as determined
under section 3206(2) or (3), 1 of the individuals or a funeral
establishment that has custody of the decedent's body may give the
individuals who share the rights and powers written notice of the
decedent's instructions, the right to object to the instructions
under subsection (2), and the consequences of failing to object.
(2) If an individual who shares the rights and powers as
described in subsection (1) does not object to the instructions of
the decedent within 48 hours after receiving the notice under
subsection (1), in determining the decision of a majority of the
individuals under section 3206(4), the other individuals may
proceed as if the nonobjecting individual expressed a desire to
follow the instructions of the decedent.
Sec. 3209. (1) A funeral establishment is not required to send
a notice under section 3206a or file a petition under section 3207,
and is not civilly liable for not doing so.
(2) The order of priority determined under section 3206(2) and
(3) may be relied upon by a funeral establishment. A funeral
establishment is not a guarantor that a person exercising the
rights and powers under section 3206(1) has the legal authority to
do so. A funeral establishment does not have the responsibility to
contact or independently investigate the existence of relatives of
the deceased, but may rely on information provided by family
members of the deceased.
(3) A funeral establishment, holder of a license to practice
mortuary science issued by this state, cemetery, crematory, or an
officer or employee of a funeral establishment, holder of a license
to practice mortuary science issued by this state, cemetery, or
crematory may rely on the terms of sections 3206, 3206a, and 3207
and this section and the instructions of a person described in
section 3206(2) to (8), or of an individual determined in an action
under section 3208 to be the party to exercise the rights and
powers under section 3206(1), regarding funeral arrangements and
the handling, disposition, or disinterment of a body and is not
civilly liable to any person for the reliance if the reliance was
in good faith.
