§ 290:19 — Court Determination

Notwithstanding other provisions of this subdivision, 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 cannot agree. The following provisions apply to court determinations under this section:
I. Before the subject's death, the subject or subject's legal representative may file a petition regarding custody and control of the subject's remains.
II. A relative of the subject may file such a petition.
III. A person who claims and establishes through evidence that person has or had a closer personal relationship to the subject than the next of kin may file a petition, if that person lived with the subject and was not in the employ of the subject or the subject's family.
IV. If the next of kin is 2 or more persons with the same relationship to the subject, and the next of kin cannot, by majority vote, make a decision regarding the subject's remains, 2 or more persons who have custody or control or a funeral director may file a petition asking the court to make a determination in the matter. The court shall consider the following in making its determination:
(a) The reasonableness and practicality of the proposed arrangement.
(b) The degree of the personal relationship between the subject and each of the 2 or more persons with custody and control.
(c) The desires of the person or persons who are ready, able and willing to pay the costs of the arrangements.
(d) The convenience and needs of other family and friends wishing to pay respects.
(e) The expressed written desires of the subject.
(f) The degree to which the arrangements would allow maximum participation by all wishing to pay respect.

Legislative History

1996, 283:18, eff. Jan. 1, 1997.