APPOINTMENT OF FUNERAL REPRESENTATIVE

House Bill 4599 as introduced

Sponsor:  Rep. Andy Schor

Committee:  Judiciary

Complete to 11-30-15

SUMMARY:

This bill would amend the Estates and Protected Individuals Code by including a funeral representative appointed by an individual as a person allowed to make decisions about funeral arrangements and the handling, disposition, or internment of the individual's body, in addition to the individual's family.

In order for an individual to name a funeral representative, the designation must be in writing, signed, witnessed by two qualified witnesses, dated, and executed voluntarily. To be qualified, a witness must not be closely related to the individual or likely to profit from the death, or hold positions with certain interested institutions.

Michigan is one of the few states currently without a law allowing an individual to name someone to carry out funeral arrangements.  Without this added designation, the closest relative to the deceased, according to an order of priority in MCL 700.2103, is charged with making these decisions.  This can lead to complications, as when a person's multiple children or siblings have equal priority, and decisions are made by "a majority of the individuals."  Similarly, if a person does not have any close relatives, the order of priority might lead to a distant cousin making these decisions, rather than a trusted friend.    

            MCL 700.3206 et al.  

FISCAL IMPACT:

The bill does not appear to have a significant fiscal impact.

                                                                                        Legislative Analyst:   Jennifer McInerney

                                                                                                Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.