AN ACT CONCERNING DISPOSITION OF UNCLAIMED CREMATED REMAINS BY FUNERAL DIRECTORS

AN ACT CONCERNING DISPOSITION OF UNCLAIMED CREMATED REMAINS BY FUNERAL DIRECTORS

SUMMARY: This act establishes a process and requirements for funeral directors to dispose of the cremated remains of a deceased person, including unclaimed or unaccepted remains. It requires a funeral director to complete a written form when the person with custody and control of the deceased requests cremation or the deceased had executed a cremation authorization form according to law. The written form must state the place and time of cremation and the method of disposal of the remains. If the cremated remains are not accepted as agreed to in the written form, the act allows the funeral director to dispose of them using a number of specified methods after a certain time has passed and proper notice is sent to the responsible party.

The act establishes a parallel process for disposal of remains already in a funeral director’s possession on July 1, 2005.

Finally, the act directs the Department of Public Health (DPH) to provide space on cremation permits for recording information about the intended manner of disposing of cremated remains.

The act requires a funeral director to complete a written form containing specific information when (1) the person having custody and control of a deceased person requests disposal by cremation or (2) the deceased has executed a cremation authorization form according to law. The funeral director’s form must include:

1. the name and address of the funeral service business responsible for disposing of the deceased and the funeral director’s or embalmer’s name;

2. the deceased’s name;

3. the time and place of cremation;

4. the name and address of the person with custody and control of the deceased’s remains;

5. a summary of how the cremated remains, if unclaimed, will be disposed of; and

6. a statement indicating how the person with custody and control wants the cremated remains to be disposed of, or a statement that the deceased had executed a cremation authorization.

This form must be signed and dated by the funeral director and person with custody and control of the deceased’s remains. A copy must be given to the person with custody and control. The original must be kept at the funeral service business for at least 20 years from the date the person with custody and control signed it.

The act allows a funeral director to dispose of cremated remains that are not accepted by (1) burial in a cemetery or memorial garden; (2) storage in a crypt of a mausoleum or columbarium; (3) scattering; (4) funeral home storage; or (5) another method identified in the signed form, if the funeral director has provided proper notice.

After disposing of the cremated remains, the funeral director must give written notice of the manner of disposal to the registrar of vital records in the town where the cremation permit was issued. The notice must be attached to the cremation permit.

If the funeral director or embalmer has the cremated remains for over 180 days after cremation because the person responsible for accepting them or designated to take custody fails to do so, he must notify (1) the person who signed the form and (2) the person responsible for accepting the remains or designated to take custody and control. The notice must be sent by certified mail and state that if the remains are unclaimed for over 90 days from the date of mailing, they will be disposed of as the act allows.

The act allows a funeral director possessing cremated remains on July 1, 2005 to dispose of them in a manner specified above if he has reasonably tried to notify the person who had custody and control of the remains or a relative of the deceased. The notice must state that the remains will be disposed of as allowed by the act if they are unclaimed for over 180 days from the notice’s mailing.