The bill amends K.S.A. 65-1734 to establish a clear order of priority for individuals who can make decisions regarding the final disposition of a decedent's remains, particularly focusing on situations where the decedent's surviving parents cannot agree. The new legal language specifies that if the surviving parents disagree on the disposition within 60 days of the decedent's death, the mother will have first priority for 30 days to make the decision. If she does not act within that time, the father will then have the first priority. Additionally, it allows an incarcerated parent to authorize final disposition through a notarized statement.
The bill also clarifies that a funeral director or establishment will not face criminal prosecution or civil liability for following the instructions of the authorized person(s) under the new provisions, provided they reasonably believe that the individual has the right to control the final disposition. Furthermore, the existing section of K.S.A. 65-1734 is repealed, streamlining the legal framework surrounding the disposal of a decedent's remains. The act will take effect upon its publication in the statute book.
Statutes affected: As introduced: 65-1734