Burial arrangements.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0062.E1

HOUSE BILL
NO.
HB0087

Burial arrangements.

Sponsored by:
Representative(s) Zwonitzer, Dv., McOmie, Quarberg, Walsh and White and Senator(s) Barrasso, Cooper, Geis and Von Flatern

A BILL

for

AN ACT relating to burials and cremations; specifying persons authorized to consent to burial or cremation; providing for immunity as specified; providing for state assistance for the cremation of decedents receiving state aid; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S.
2
‑
17
‑
101
and
2
‑
17
‑
102
are created to read:

CHAPTER 17
BURIAL ARRANGEMENTS

2
‑
17
‑
101
.

Authority to authorize burial or cremation; immunity for funeral directors and undertakers.

(a)

If a decedent leaves
written
instructions
regarding
his entombment, burial or cremation, the funeral director or undertaker to whom the body is entrusted shall proceed with the disposition of the body in accordance with those instructions. In the event a decedent does not leave
written
instructions
regarding
his entombment, burial or cremation, the funeral director or undertaker to whom the body is entrusted shall obtain a signed consent before the entombment, burial or cremation can proceed.

(b)

Any of the following persons, in order of priority as stated, may consent to the entombment, burial or cremation of the decedent
, provided no written instructions were left by the decedent
:

(i)

The decedent's spouse at the time of death;

(ii)

An adult child of the decedent;

(iii)

Either parent of the decedent;

(iv)

An adult sibling of the decedent;

(v)

A grandparent of the decedent;

(vi)

A guardian of the decedent in accordance with W.S. 3
‑
2
‑
201(x).

(c)

If a funeral director or undertaker receives written consent from a person specified in subsection (
b
) of this section, he may act in accordance with the consent, unless a person with a higher or equal priority provides the funeral director or undertaker a contrary written consent
within three (3) days
. If the funeral director or undertaker has been provided contrary written consents from members of the
same
class with the highest priority as to the entombment, burial or cremation of the decedent, the director or undertaker shall act in accordance with the directive of the greatest number of consents received from members of the class. If that number is equal, the director or undertaker shall act in accordance with the earlier consent unless the person providing the later consent is granted an order from the district court for the county in which the funeral home or mortuary is located. The district court shall order disposition in accordance with the later consent only if it is shown by a preponderance of the evidence such disposition is in accordance with the decedent's wishes.

(d)

If the decedent is not survived by any member of the classes listed
or no member of those classes is competent to sign a consent
, any person who comes forward and legitimately identifies himself as another level of relation or friend of the decedent is authorized to sign the consent. If no consent is received within seven (7) days of the decedent's death, the coroner for the county in which the funeral home or mortuary is located is authorized to sign the consent.

(e)

A funeral director or undertaker acting in accordance with this section, or attempting in good faith to act in accordance with this section, shall be immune from civil liability.

(f)

Nothing in this section abrogates or amends the intestate succession laws of W.S. 2
‑
4
‑
101 through 2
‑
4
‑
214.

2
‑
17
‑
102
.

Disposition of remains optional form.

A person may leave instructions for the disposition of his remains in substantially the following form, but in addition may include other specific directions:

Disposition of Remains

Upon my death it is my wish that my remains be: (initial the applicable box)

[

] Embalmed and buried. I have made prior arrangements for this service with

.

[

] Cremated. I have made prior arrangements for this service with

.

[

] If I have not made prior arrangements for the disposition of my remains at death, subject to any arrangements for the donation of my organs, I designate

to make arrangements for the disposition of my remains in accordance with my wishes as follows

.

Section 2.
W.S.

42
‑
2
‑
103(c) is amended to read:

42
‑
2
‑
103.

Provision of assistance and services; duties of department; burial assistance; state supplemental security income program.

(c)

Notwithstanding any other provision of this article, the department shall pay the burial
or cremation
expenses of any recipient of aid under the personal opportunities with employment responsibilities (POWER) program, supplemental security income or Medicaid at the time of his death and without sufficient means in his own estate or other resources to provide burial or cremation. The amount paid under this subsection shall not exceed one thousand dollars ($1,000.00) after consideration of funds available to the recipient from all other sources. In determining eligibility under this subsection, the department shall not consider as available funds, an amount up to or equal to one thousand five hundred dollars ($1,500.00) of the corpus of a Medicaid qualifying trust meeting the requirements of W.S. 42
‑
4
‑
113. No board of county commissioners shall be responsible for any burial
or cremation
expenses in excess of the amount paid under this subsection. Burial
or cremation
expenses under this subsection shall not include those expenses relating to cemetery costs.

Section 3.
This act is effective July 1, 2007.

(END)

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HB0087