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SENATE BILL NO. 1071
A bill to amend 1998 PA 386, entitled
"Estates and protected individuals code,"
by amending section 3206 (MCL 700.3206), as amended by 2022 PA 157.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3206. (1) Subject to 1953 PA 181, MCL 52.201 to 52.216, 1
part 28 and article 10 of the public health code, 1978 PA 368, MCL 2
333.2801 to 333.2899 and 333.10101 to 333.11101, and subsection 3
(12), a funeral representative designated under subsection (2), a 4
person with priority under subsections (3) to (5) or a person 5
June 23, 2026, Introduced by Senators VICTORY, WEBBER, SANTANA and HERTEL and
referred to Committee on Regulatory Affairs.
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acting under subsection (6), (7), (8), or (9) is presumed to have 1
the right and power to make decisions about funeral arrangements 2
and the handling, disposition, or disinterment of a decedent's 3
body, including, but not limited to, decisions about cremation, and 4
the right to retrieve from the funeral establishment and possess 5
cremated remains of the decedent immediately after cremation. The 6
handling, disposition, or disinterment of a body must be under the 7
supervision of a person licensed to practice mortuary science in 8
this state. 9
(2) Subject to section 1202, and except as otherwise provided 10
in this subsection and subject to the priority in subsection (3), 11
an individual who is 18 years of age or older and who is of sound 12
mind at the time a funeral representative designation is made may 13
designate in writing another individual who is 18 years of age or 14
older and who is of sound mind to have the rights and powers under 15
subsection (1). All of the following apply to a funeral 16
representative designation under this subsection: 17
(a) For purposes of this section and sections 3206a and 3206b, 18
an individual who is named in a funeral representative designation 19
to have the rights and powers described in subsection (1) is known 20
as a funeral representative and an individual who makes a funeral 21
representative designation is known as a declarant. 22
(b) A funeral representative designation under this subsection 23
must be in writing, dated, and signed voluntarily by the declarant 24
or signed by a notary public on the declarant's behalf under 25
section 33 of the Michigan law on notarial acts, 2003 PA 238, MCL 26
55.293. A funeral representative designation may be included in the 27
declarant's will, patient advocate designation, or other writing. 28
If a funeral representative designation is contained in an 29
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individual's will, the will is not required to be admitted to 1
probate for the funeral representative designation to be valid. A 2
funeral representative designation must be 1 or both of the 3
following: 4
(i) Signed in the presence of and signed by 2 witnesses. A 5
witness under this section may must not be the funeral 6
representative or an individual described in subdivision (c)(ii) to 7
(iv). A witness shall not sign the funeral representative 8
designation unless the declarant appears to be of sound mind and 9
under no duress, fraud, or undue influence. 10
(ii) Acknowledged by the declarant before a notary public, who 11
endorses on the funeral representative designation a certificate of 12
the acknowledgment and the true date of taking the acknowledgment. 13
(c) The following individuals may shall not act as a funeral 14
representative for the declarant unless the individual is the 15
surviving spouse or is a relative of the declarant: 16
(i) An officer, partner, member, shareholder, owner, 17
representative, or employee of a funeral establishment that will 18
provide services to the declarant. 19
(ii) A health professional, or an employee of or volunteer at a 20
health facility or veterans facility, who provided medical 21
treatment or nursing care to the declarant during the final illness 22
or immediately before the declarant's death, or a partner, member, 23
shareholder, owner, or representative of the health facility where 24
medical treatment or nursing care was provided. 25
(iii) An officer, partner, member, shareholder, owner, 26
representative, or employee of a cemetery at which the declarant's 27
body will be interred, entombed, or inurned. 28
(iv) An officer, partner, member, shareholder, owner, 29
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representative, or employee of a crematory that will provide the 1
declarant's cremation services. 2
(3) The following have the rights and powers under subsection 3
(1) in the following order of priority: 4
(a) If the decedent was a service member at the time of the 5
decedent's death, a person designated to direct the disposition of 6
the service member's remains according to a statute of the United 7
States or regulation, policy, directive, or instruction of the 8
Department of Defense. 9
(b) A funeral representative designated under subsection (2). 10
(c) The surviving spouse. 11
(d) The individual or individuals 18 years of age or older in 12
the following order of priority: 13
(i) The decedent's children. 14
(ii) The decedent's grandchildren. 15
(iii) The decedent's parents. 16
(iv) The decedent's grandparents. 17
(v) The decedent's siblings. 18
(vi) A descendant of the decedent's parents who first notifies 19
the funeral establishment in possession of the decedent's body of 20
the descendant's decision to exercise his or her the descendant's 21
rights under subsection (1). 22
(vii) A descendant of the decedent's grandparents who first 23
notifies the funeral establishment in possession of the decedent's 24
body of the descendant's decision to exercise his or her the 25
descendant's rights under subsection (1). 26
(4) If the individual or individuals with the highest priority 27
as determined under subsection (3) cannot be located after a 28
reasonable effort to contact and inform them of the decedent's 29
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death within 72 hours after the pronouncement of the decedent's 1
death under the determination of death act, 1992 PA 90, MCL 2
333.1031 to 333.1034, affirmatively decline to exercise their 3
rights or powers under subsection (1), or fail to exercise their 4
rights or powers under subsection (1) within 72 hours after the 5
pronouncement of the decedent's death under the determination of 6
death act, 1992 PA 90, MCL 333.1031 to 333.1034, the rights and 7
powers under subsection (1) may be exercised by the individual or 8
individuals in the same order of priority under subsection (3). If 9
the individual or each of the individuals in an order of priority 10
as determined under this subsection similarly affirmatively 11
declines or fails to exercise his or her the individual's rights or 12
powers within 72 hours after the pronouncement of the decedent's 13
death under the determination of death act, 1992 PA 90, MCL 14
333.1031 to 333.1034, or cannot be located within 72 hours after 15
the pronouncement of the decedent's death under the determination 16
of death act, 1992 PA 90, MCL 333.1031 to 333.1034, the rights or 17
powers under subsection (1) pass to an individual or individuals in 18
the next order of priority under subsection (3) who notify the 19
funeral establishment in possession of the decedent's body of their 20
decision to exercise their rights or powers under subsection (1). 21
For purposes of this subsection only, "exercise their rights or 22
powers under subsection (1)" means providing the person that holds 23
a license under article 18 of the occupational code, 1980 PA 299, 24
MCL 339.1801 to 339.1812, 339.1811, in possession of the decedent's 25
body with authorization to bury or cremate the decedent's body. 26
(5) If 2 or more individuals share the rights and powers 27
described in subsection (1) as determined under subsection (3) or 28
(4), the rights and powers must be exercised as decided by a 29
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majority of the individuals who can be located after reasonable 1
efforts. If a majority cannot agree, any of the individuals may 2
file a petition under section 3207. 3
(6) If no individual described in subsections (3) and (4) 4
exists, exercises the rights or powers under subsection (1), or can 5
be located after a sufficient attempt as described in subsection 6
(10), and if subsection (7) does not apply, then the personal 7
representative or nominated personal representative may exercise 8
the rights and powers under subsection (1), either before or after 9
his or her the personal representative's appointment. 10
(7) If no individual described in subsections (3) and (4) 11
exists, exercises the rights or powers under subsection (1), or can 12
be located after a sufficient attempt as described in subsection 13
(10), and if the decedent was under a guardianship at the time of 14
death, the guardian may exercise the rights and powers under 15
subsection (1) and may make a claim for the reimbursement of burial 16
expenses as provided in section 5216 or 5315, as applicable. 17
(8) If no individual described in subsections (3) and (4) 18
exists, exercises the rights or powers under subsection (1), or can 19
be located after a sufficient attempt as described in subsection 20
(10), if the decedent died intestate, and if subsection (7) does 21
not apply, a special fiduciary appointed under section 1309 or a 22
special personal representative appointed under section 3614(c) may 23
exercise the rights and powers under subsection (1). 24
(9) If there is no person under subsections (3) to (8) to 25
exercise the rights and powers under subsection (1), or if there is 26
a person under subsections (3) to (8) to exercise the rights and 27
powers under subsection (1) and the person fails to exercise the 28
rights and powers under subsection (1) within 14 days after the 29
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decedent's death, 1 of the following, as applicable, shall exercise 1
the rights and powers under subsection (1): 2
(a) Unless subdivision (b) applies, the medical examiner for 3
the county where the decedent was domiciled at the time of his or 4
her the decedent's death. 5
(b) If the decedent was incarcerated in a state correctional 6
facility at the time of his or her the decedent's death, the 7
director of the department of corrections or the designee of the 8
director. 9
(10) An attempt to locate a person described in subsection (3) 10
or (4) is sufficient if a reasonable attempt is made in good faith 11
by any of the following to contact the person at his or her the 12
person's last known address, telephone number, or email address: 13
(a) A family member, personal representative, or nominated 14
personal representative of the decedent. 15
(b) A health facility or veteran's facility that provided 16
medical treatment to the decedent during the final illness or 17
immediately before the decedent's death. 18
(11) This section does not void or otherwise affect an 19
anatomical gift made under part 101 of the public health code, 1978 20
PA 368, MCL 333.10101 to 333.10123. 21
(12) An individual who has been criminally charged with the 22
intentional killing of the decedent shall not exercise a right 23
under subsection (1) while the charges are pending. 24
(13) Except as otherwise provided in this subsection, a person 25
who that has the rights and powers under subsection (1) and who 26
that exercises the right over the disposition of the decedent's 27
body must ensure payment for the costs of the disposition through a 28
trust, insurance, a commitment by another person, a prepaid 29
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contract under the prepaid funeral and cemetery sales act, 1986 PA 1
255, MCL 328.211 to 328.235, or other effective and binding means. 2
To the extent payment is not ensured under this subsection, the 3
person described in this subsection is liable for the costs of the 4
disposition. This subsection does not apply to a person who that 5
exercises the rights and powers under subsection (1) as provided in 6
subsection (8) or (9). 7
(14) As used in this section: 8
(a) "Armed forces" means the Army, Air Force, Navy, Marine 9
Corps, Coast Guard, or other military force designated by Congress 10
as part of the Armed Forces of the United States. 11
(b) "Health facility" means that term as defined in section 12
5653 of the public health code, 1978 PA 368, MCL 333.5653. 13
(c) "Health professional" means that term as defined in 14
section 5883 of the public health code, 1978 PA 368, MCL 333.5883. 15
(d) "Medical treatment" means that term as defined in section 16
5653 of the public health code, 1978 PA 368, MCL 333.5653. 17
(e) "Michigan National Guard" means that term as defined in 18
section 105 of the Michigan military act, 1967 PA 150, MCL 32.505. 19
(f) "Nominated personal representative" means a person 20
nominated to act as personal representative in a will that the 21
nominated person reasonably believes to be the valid will of the 22
decedent. 23
(g) "Service member" means a member of the armed forces, a 24
reserve branch of the armed forces, or the Michigan National Guard. 25
Enacting section 1. This amendatory act does not take effect 26
unless Senate Bill No. 1060 of the 103rd Legislature is enacted 27
into law. 28