LRB-5080/3
PJK:kmg:km
1997 - 1998 LEGISLATURE
March 24, 1998 - Introduced by Representative Baldwin. Referred to Committee
on Judiciary.
AB943,1,3
1An Act to create 157.055 and 851.60 of the statutes;
relating to: allowing
2persons to control the disposition of their remains and to appoint an agent to
3carry out their wishes.
Analysis by the Legislative Reference Bureau
This bill grants to persons the right to direct by a written document the method
and location of the final disposition of their remains, as well as the method of the
preparation for that final disposition, and to appoint an agent to carry out their
wishes about those matters. The bill also specifies the persons who are responsible
for carrying out those directives, and the order in which that responsibility devolves
upon them, if an agent is not appointed or if the agent does not act. The bill prohibits
persons who have possession or control of human remains from knowingly violating
the relevant directives. The bill also provides immunity from civil liability for a
funeral director who, in good faith, disposes of a person's remains in a manner
consistent with that person's directives.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB943, s. 1
4Section
1. 157.055 of the statutes is created to read:
AB943,2,4
5157.055 Directive for disposition of remains and appointment of agent. 6(1) A person who is at least 18 years old, by a written document signed by the person
1and by 2 adult witnesses of the person's signature, may direct the method and
2location of the final disposition of the person's remains and the method of the
3preparation for that final disposition and may appoint an agent to carry out those
4directives. The agent's authority survives the person's death.
AB943,2,8
5(2) If a person who executes a directive under sub. (1) does not appoint an agent,
6or if an agent who is appointed under sub. (1) declines to act or does not act for any
7other reason, the duty to carry out the directions of the person under sub. (1)
8devolves, in the order specified, on the following:
AB943,2,99
(a) The surviving spouse.
AB943,2,1010
(b) A surviving adult child.
AB943,2,1111
(c) A surviving parent.
AB943,2,1212
(d) A surviving adult brother or sister.
AB943,2,1313
(e) A surviving grandparent.
AB943,2,1414
(f) A surviving adult grandchild.
AB943,2,1515
(g) A surviving adult close friend.
AB943,2,19
16(3) Debts incurred, in a good faith effort to carry out the directive, by an agent
17who is appointed under sub. (1) or by a person under sub. (2) (a) to (g) who properly
18assumes responsibility for carrying out the directive are reasonable funeral and
19burial expenses under s. 859.25 (1) (b).
AB943,2,22
20(4) No person who has possession or control of the remains of a person who has
21executed a directive under sub. (1) may knowingly dispose of those remains in a
22manner that is inconsistent with the directive.
AB943,2,25
23(5) A funeral director, as defined in s. 445.01 (5), who acts in good faith is
24immune from any civil liability for disposing of the remains of a person who has
25executed a directive under sub. (1) in a manner that is consistent with the directive.
AB943, s. 2
1Section
2. 851.60 of the statutes is created to read:
AB943,3,3
2851.60 Right to control disposition of remains. A person may direct the
3disposition of his or her remains as provided in ss. 157.055 and 157.06.
