§ 22 §2843-A — Custody of remains of deceased persons

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Custody and control generally.
The custody and control of the remains of deceased residents of this State, dead bodies or dead human bodies are governed by the following provisions in the following order of priority:
3.
Estranged spouse or domestic partner.
Notwithstanding subsection 2, if the surviving spouse or surviving domestic partner and the subject were estranged at the time of death, the spouse or domestic partner may not have custody and control of the subject's remains. In these cases, custody and control belong to the next of kin following the spouse or domestic partner.
4.
Court determination.
Notwithstanding other provisions of this section, the court of probate for the residence of the deceased may award custody and control to the person determined by the court most fit and appropriate to carry out the responsibilities of custody and control, and may make decisions regarding the subject's remains if those having custody and control can not agree. The following provisions apply to court determinations under this subsection.
5.
Wishes of subject.
If the subject has left written and signed instructions regarding funeral arrangements and disposal of the subject's remains, the person having custody and control shall abide by those wishes to the extent that the subject paid for those arrangements in advance or left resources for the purpose of carrying out those wishes.
6.
Effect of payment by others.
Except to the degree it must be considered by the court under subsection 4, paragraph D, the fact that a person other than the subject has paid or agreed to pay for all or part of arrangements does not give that person a greater right to custody and control than that person would otherwise have.
7.
Authority of personal representative.
The personal representative of the estate of the subject does not, by virtue of being the personal representative, have a greater right to custody and control than the person would otherwise have.
8.
Immunity.
A party, including but not limited to a funeral director or practitioner of funeral service, who, in good faith, acts upon the instructions of the party having custody and control is not liable for having carried out those instructions, may not be held civilly or criminally liable and is not subject to disciplinary action for acting in accordance with those instructions.
9.
Application.
This section does not apply to the disposition of the remains of a deceased person under chapter 709. This section does not diminish or otherwise alter the authority of a medical examiner or other official authorized under chapter 711. This section does not alter the rights and obligations of the decedent's next of kin under Title 18‑C.
10.
Funeral director or practitioner of funeral service.
The following provisions apply to the actions and liability of a funeral director or practitioner of funeral service, cemeteries, crematories and natural organic reduction facilities and their employees.

Legislative History

PL 1993, c. 609, §1 (NEW). PL 2003, c. 672, §§19,20 (AMD). PL 2009, c. 159, §1 (AMD). PL 2009, c. 601, §§28, 29 (AMD). PL 2011, c. 387, §§1-3 (AMD). PL 2015, c. 188, §1 (AMD). PL 2015, c. 208, §1 (AMD). PL 2017, c. 38, §1 (AMD). PL 2017, c. 70, §1 (AMD). PL 2017, c. 101, §3 (AMD). PL 2017, c. 402, Pt. C, §49 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2017, c. 475, Pt. A, §31 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 567, §20 (AMD). RR 2021, c. 2, Pt. B, §§141-144 (COR). PL 2023, c. 676, §§14, 15 (AMD).