AB984: Bill Text

AB984,3,16 (a) An individual specifically designated in a declaration of final disposition or, if that individual is unable or unwilling to carry out the declarant's decisions and preferences, an alternate individual specifically designated by the declarant in the declaration of final disposition to do so.

AB984,3,17 (b) An individual specified in s. 154.32 (5) (b).

AB984,3,19 (4) "Incapacitated" means unable to receive and evaluate information effectively or to communicate decisions.

AB984,3,25 154.32 Declaration of final disposition. (1) Who may execute. An individual who is of sound mind and has attained age 18 may voluntarily execute a declaration of final disposition, which shall take effect on the date of execution. An individual for whom an adjudication of incompetence and appointment of a guardian of the person is in effect under ch. 880 is presumed not to be of sound mind for purposes of this subsection.

AB984,4,1 (2) Effect. A declaration of final disposition does any of the following:

AB984,4,3 (a) Expresses the declarant's decisions and preferences concerning any of the following:

AB984,4,4 1. Arrangements for a viewing.

AB984,4,5 2. Funeral ceremony, memorial service, graveside service, or other last rite.

AB984,4,7 3. Burial, cremation and burial or other disposition, or donation of the individual's body after death.

AB984,4,11 (b) Requires that any decisions and preferences of the declarant expressed in the declarant's declaration of final disposition be carried out as expressed unless the decisions or preferences exceed available resources from the declarant's estate or there is no realistic possibility of compliance.

AB984,4,14 (3) Limitations. A declaration of final disposition may not supercede any conflicting provisions of a burial agreement under s. 445.125 that is made before execution of the declaration of final disposition.

AB984,4,22 (4) Signature; witnesses. A declaration of final disposition shall be signed voluntarily by the declarant in the presence of 2 witnesses or in the presence of a notary public and shall be acknowledged by the signature of the final disposition agent or any alternate, if designated. If the declarant is physically unable to sign a declaration of final disposition, the declaration shall be signed in the declarant's name by an individual at the declarant's express direction and in his or her presence; such a proxy signing shall take place or be acknowledged by the declarant in the presence of 2 witnesses or a notary public.

AB984,5,3 (5) Final disposition agent. In the declaration of final disposition, a declarant may, but need not, designate an individual to act as final disposition agent in the declarant's behalf with respect to the declarant's decisions and preferences concerning the matters specified in sub. (2), and designate an alternate individual to serve as his or her final disposition agent in the event that the final disposition agent first designated is unable or unwilling to act as intended.

AB984,5,6 154.34 Declaration of final disposition; form. (1) A printed form of a declaration of final disposition shall contain the following statement in not less than 10-point boldface type:

AB984,5,7 "NOTICE TO PERSON MAKING THIS DOCUMENT

AB984,6,3 YOU HAVE THE RIGHT TO MAKE DECISIONS ABOUT ANY DISPOSITION THAT IS TO BE MADE OF YOUR BODY AFTER DEATH. YOU MAY SIGN THIS LEGAL DOCUMENT TO SPECIFY THE PERSON WHOM YOU WANT TO MAKE DECISIONS ABOUT THAT DISPOSITION OR TO CARRY OUT YOUR SPECIFIC DECISIONS AND PREFERENCES IN THIS REGARD. THAT PERSON IS KNOWN AS YOUR FINAL DISPOSITION AGENT AND MAY BE ANYONE YOU CHOOSE, INCLUDING A FAMILY MEMBER, A FRIEND, OR A FUNERAL DIRECTOR OR CREMATORY AUTHORITY. YOU MAY ALSO SPECIFY AN ALTERNATE FINAL DISPOSITION AGENT, TO SERVE IF THE FIRST FINAL DISPOSITION AGENT IS UNABLE OR UNWILLING TO ACT. YOU SHOULD TAKE SOME TIME TO DISCUSS YOUR THOUGHTS AND BELIEFS ABOUT FINAL DISPOSITION WITH THE PERSON OR PERSONS WHOM YOU HAVE SPECIFIED. YOU MAY STATE IN THIS DOCUMENT ANY TYPES OF VIEWING ARRANGEMENTS, FUNERAL CEREMONY OR OTHER LAST RITE, BURIAL, CREMATION, OR DONATION OF ALL OR PART OF YOUR BODY THAT YOU DO OR DO NOT DESIRE, OR YOU MAY SPECIFY A FINAL DISPOSITION AGENT AND ALLOW THAT PERSON TO MAKE THOSE DECISIONS. THE DECISIONS OR PREFERENCES THAT YOU EXPRESS IN THIS DOCUMENT WILL BE CARRIED OUT UNLESS THEY EXCEED AVAILABLE RESOURCES FROM YOUR ESTATE OR THERE IS NO REALISTIC POSSIBILITY THAT THEY CAN BE COMPLIED WITH.

AB984,6,11 SIGNING THIS DOCUMENT REVOKES ANY PRIOR DECLARATION OF FINAL DISPOSITION THAT YOU MAY HAVE MADE. IF YOU WISH TO CHANGE THIS DECLARATION OF FINAL DISPOSITION, YOU MAY REVOKE THIS DOCUMENT AT ANY TIME BY DESTROYING IT, BY DIRECTING ANOTHER PERSON TO DESTROY IT IN YOUR PRESENCE, OR BY SIGNING A WRITTEN AND DATED STATEMENT. IF YOU REVOKE, YOU SHOULD NOTIFY YOUR AGENT AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A COPY.

AB984,6,14 IF YOUR AGENT IS YOUR SPOUSE AND YOUR MARRIAGE IS ANNULLED OR YOU ARE DIVORCED AFTER SIGNING THIS DOCUMENT, THIS DOCUMENT IS INVALID.

AB984,6,21 YOU MAY ALSO USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT UPON YOUR DEATH. IF YOU USE THIS DOCUMENT TO MAKE OR REFUSE TO MAKE AN ANATOMICAL GIFT, THE DOCUMENT REVOKES ANY PRIOR DOCUMENT OF GIFT THAT YOU MAY HAVE MADE. YOU MAY LATER REVOKE OR CHANGE ANY ANATOMICAL GIFT THAT YOU MAKE BY THIS DOCUMENT BY CROSSING OUT THE ANATOMICAL GIFTS PROVISION IN THIS DOCUMENT.

AB984,6,23 DO NOT SIGN THIS DOCUMENT UNLESS YOU CLEARLY UNDERSTAND IT.

AB984,7,3 IT IS SUGGESTED THAT YOU KEEP THE ORIGINAL OF THIS DOCUMENT ON FILE WITH YOUR FINAL DISPOSITION AGENT OR FUNERAL DIRECTOR OR CREMATORY AUTHORITY.".

AB984,7,15 (2) The department shall prepare and provide copies of the declaration of final disposition form and accompanying information for distribution in quantities to funeral directors, crematory authorities, hospitals, nursing homes, county clerks, and local bar associations and individually to private persons. The department shall include, in information accompanying the declaration of final disposition form, at least the statutory definitions of terms used in the form, a statement explaining that valid witnesses acting in good faith are statutorily immune from civil or criminal liability, and an instruction to potential declarants to read and understand the information before completing the form. The department may charge a reasonable fee for the cost of preparation and distribution. The declaration of final disposition form distributed by the department shall be easy to read, in type size no smaller than 10-point, and in the following form:

Declaration of final disposition

AB984,7,20 I, .... (print name, address, and date of birth), being of sound mind, intend by this document to specify the disposition that is to be made of my body after death and that my decisions and preferences in this regard be honored. My executing this document is voluntary. In addition, I may, by this document, specify my wishes with respect to making an anatomical gift upon my death.

Designation of final disposition agent (Optional)

AB984,8,6 I hereby designate .... (print name, address, and telephone number) to be my final disposition agent for the purpose of complying with or otherwise carrying out, in my behalf, the decisions or preferences concerning the disposition that is to be made of my body after death that are expressed in this document. If he or she is ever unable or unwilling to do so, I hereby designate .... (print name, address, and telephone number) to be my alternate final disposition agent for the purpose of complying with or otherwise carrying out, in my behalf, the decisions or preferences concerning the disposition that is to be made of my body after death that are expressed in this document.

General statement of authority granted

AB984,8,7 Upon my death,

AB984,8,10 .... I authorize my final disposition agent to make all decisions concerning the disposition that is to be made of my body after death, unless the decisions exceed available resources from my estate.

AB984,8,11 OR

AB984,8,16 .... I authorize my final disposition agent to comply with or otherwise carry out my following decisions or preferences concerning the disposition that is to be made of my body after death, unless the decisions or preferences that I express exceed available resources from my estate or there is no realistic possibility of compliance with the decisions or desires:

AB984,8,17 1. Arrangements for a viewing .... (print decisions and preferences).

AB984,8,19 2. Funeral ceremony, memorial service, graveside service, or other last rite .... (print decisions and preferences).

AB984,8,21 3. Burial, cremation and burial or other disposition, or donation of my body after death .... (print decisions and preferences).

AB984,8,23 4. Any additional desires, special provisions, or limitations .... (print decisions and preferences).

OR

AB984,9,6 .... Although I do not wish to authorize a specific final disposition agent to comply with or otherwise carry out my decisions and preferences concerning the disposition that is to be made of my body after death, the following are my decisions and preferences, unless the decisions or preferences that I express exceed available resources from my estate or there is no realistic possibility of compliance with the decisions or desires:

AB984,9,7 1. Arrangements for a viewing .... (print decisions and preferences).

AB984,9,9 2. Funeral ceremony, memorial service, graveside service, or other last rite .... (print decisions and preferences).

AB984,9,11 3. Burial, cremation and burial or other disposition, or donation of my body after death .... (print decisions and preferences).

AB984,9,13 4. Any additional desires, special provisions, or limitations .... (print decisions and preferences).

AB984,9,14 (The declarant and the witnesses must sign the document at the same time.)

Signature of declarant

(Person creating the declaration of final disposition)

AB984,9,15 Signature............................................................Date...........................................

AB984,9,17 (The signing of this document by the declarant revokes all previous declarations of final disposition.)

Statement of witnesses

AB984,9,20 I know the declarant personally and I believe him or her to be of sound mind and at least 18 years of age. I believe that his or her execution of this declaration of final disposition is voluntary. I am at least 18 years of age.

AB984,9,21 Witness No. l:

AB984,9,22 (print) Name.................................................Date.................................................

AB984,10,1 Address..................................................................................................................

AB984,10,2 Signature...............................................................................................................

AB984,10,3 Witness No. 2:

AB984,10,4 (print) Name....................................................Date..............................................

AB984,10,5 Address..................................................................................................................

AB984,10,6 Signature...............................................................................................................

Statement of final disposition agent and alternate final disposition agent

AB984,10,10 I understand that .... (name of declarant) has designated me to be his or her final disposition agent or alternate final disposition agent after his or her death. .... (name of declarant) has discussed his or her decisions and preferences regarding final disposition with me.

AB984,10,11 Agent's signature...................................................................................................

AB984,10,12 Alternate's signature............................................................................................

Anatomical gifts (Optional)

AB984,10,13 Upon my death:

AB984,10,16 .... I wish to donate only the following organs or parts:.............................................................................................................................. (specify the organs or parts).

AB984,10,17 .... I wish to donate any needed organ or part.

AB984,10,18 .... I wish to donate my body for anatomical study if needed.

AB984,10,21 .... I refuse to make an anatomical gift. (If this revokes a prior commitment that I have made to make an anatomical gift to a designated donee, I will attempt to notify the donee to which or to whom I agreed to donate.)

AB984,10,23 Failing to check any of the lines immediately above creates no presumption about my desire to make or refuse to make an anatomical gift.

AB984,11,1 Signature...............................................................................................................

AB984,11,2 Date........................................................................................................................

AB984,11,10 154.36 Anatomical gift. A declarant may, if the requirements of s. 157.06 (2) are met, make, or refuse to make, an anatomical gift in a declaration of final disposition. An anatomical gift that is made in a declaration of final disposition supercedes a prior, conflicting, unrevoked anatomical gift or a prior, unrevoked refusal to make an anatomical gift made by the declarant under s. 157.06 (2). A refusal to make an anatomical gift that is made in a declaration of final disposition supercedes a prior, conflicting, unrevoked anatomical gift made by the declarant under s. 157.06 (2).

AB984,11,14 154.38 Reports of death, autopsies, inquests. This subchapter is subject to the powers and duties of coroners, medical examiners, and other physicians licensed to perform autopsies with respect to the reporting of certain deaths, performance of autopsies, and inquests under ch. 979.

AB984,11,16 154.40 Revocation of declaration. A declarant may revoke a declaration of final disposition at any time by any of the following methods:

AB984,11,20 (1) Canceling, defacing, obliterating, burning, tearing, or otherwise destroying the declaration of final disposition or directing some other person to cancel, deface, obliterate, burn, tear, or otherwise destroy the declaration of final disposition in the presence of the declarant.

AB984,11,22 (2) Revoking in writing the declaration of final disposition. The declarant shall sign and date any written revocation under this subsection.

AB984,11,23 (3) Executing a subsequent declaration of final disposition.

AB984,12,3 154.42 Immunities. (1) No funeral director, cemetery, crematory authority, final disposition agent, or alternate final disposition agent may be held civilly or criminally liable, or charged with unprofessional conduct, for any of the following:

AB984,12,5 (a) Complying with or otherwise carrying out, in good faith, the decisions or preferences expressed in a declaration of final disposition.

AB984,12,7 (b) Failing to act upon a revocation of a declaration of final disposition unless the person or facility has actual knowledge of the revocation.

AB984,12,11 (2) No individual who acts in good faith as a witness to a declaration of final disposition under this subchapter may be held civilly or criminally liable for complying with or otherwise carrying out the decisions or preferences expressed in the declaration.

AB984,12,15 154.44 Penalties. (1) Any person who intentionally conceals, cancels, defaces, obliterates, or damages the declaration of final disposition of another without the declarant's consent may be fined not more than $500 or imprisoned not more than 30 days or both.

AB984,12,20 (2) Any person who knowingly disposes of a body in a manner that is inconsistent with a declaration, unless the decisions or preferences expressed by the declarant exceed available resources from the declarant's estate or if there is no realistic possibility of compliance with the decisions or preferences, may be fined not more than $500 or imprisoned not more than 30 days or both.

AB984,12,21 (End)