Burial arrangements.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0042

ENROLLED ACT NO. 71, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
burials and cremations; specifying persons authorized to consent to burial or cremation; providing for immunity as specified;
and providing for an effective date.

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

Section 1.

W.S. 2
‑
17
‑
101
is
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 proceed
s
.

(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 stepchild of the decedent;

(vi
i
)

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

Section 2.

This act is effective July 1, 2009.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1