Pass the Disposition
of Remains Bill!
A.1238-A (Dinowitz)/S.1924-A (Balboni)
New Yorkers should have the right to control
what happens to their body after death and to decide who is responsible
for carrying out those wishes.
What is the Disposition of Remains Bill?
The proposed legislation would allow individuals to designate
a person to carry out their wishes for the disposition of their
body after they die. The legislation includes a simple proxy form
authorizing the appointment of an agent, space for special directions,
to be signed in front of two witnesses.
In addition, this bill creates a priority list of persons to determine
who has the right to control the disposition of an individual's
remains if one has not been designated in writing. Within this
priority list, the bill would extend domestic partners comparable
rights to as surviving spouses. The proposed legislation would
fill a critical gap in the current law, allowing terminally
ill persons to plan ahead with their loved ones.
Why do we need it?
Unlike citizens in many other states, New Yorkers are severely
limited in their ability to control the disposition of their remains,
and are not able to designate a proxy to carry out their wishes.
Effective planning for the disposition of one's remains is further
complicated because the law in New York currently provides an inadequate
default list which assigns the duty of burial to the spouse. If
a legal spouse is not available, the duty passes to the overly
vague category 'next of kin'. Most other states have chosen not
to utilize this unclear and ineffective approach. More than half
have codified priority lists which establish exactly who has the
right to control the disposition of remains.
Current law permits adults to execute a will establishing their
binding intentions for disposition of property after death and
to execute health care proxies stating who they want to make medical
decisions for them in the event they become incapacitated. However,
current law does not allow for such binding intentions regarding
the disposition of one's remains. Although an individual can specify
his/her wishes in a will, this has no practical effect since wills
are generally not probated until long after the individual has
died. In addition, wills must be formally executed to be valid
and many individuals without property do not execute wills.
PASS A.1238-A/S.1924-A TODAY!
As the situation stands, many people die without having expressed
who they want to be responsible for their remains, causing conflict
among families and confusion for funeral homes, crematories and
cemeteries. This bill addresses the ambiguity in New York's current
law by creating a definitive priority list for individuals who
have not designated a proxy. This list clearly establishes who
has the legal right and responsibility to control an individual's
remains. The priority list is in line with disposition law in other
states and represents a common sense solution to the frequent problem
of determining who should make these difficult decisions.
Read
our memo in support (PDF)
The
Case for Disposition of Remains Legislation (PDF)
Three
Maps — Disposition of Remains by State (PDF)
Read the Full report "Resting in Peace: An Analysis of Disposition of Remains Laws" July 2004 (PDF)
© 2004 Gay Men's Health Crisis
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