Chapter 373
AN ACT
HB 2507
Relating to disposition of human remains; amending ORS 97.130.
Be It Enacted by the People of
the State of
SECTION 1. ORS 97.130 is amended to read:
97.130. (1) Any
individual of sound mind who is 18 years of age or older, by completion of a
written signed instrument or by preparing or prearranging with any funeral
service practitioner licensed under ORS chapter 692, may direct any lawful
manner of disposition of the individual’s remains. Except as provided under
subsection (6) of this section, disposition directions or disposition
prearrangements that are prepaid or that are filed with a funeral service
practitioner licensed under ORS chapter 692 shall not be subject to
cancellation or substantial revision.
(2) A person within the
first applicable listed class among the following listed classes that is
available at the time of death or, in the absence of actual notice of a
contrary direction by the decedent as described under subsection (1) of this section
or actual notice of opposition by completion of a written instrument by a
member of the same class or a member of a prior class, may direct any lawful
manner of disposition of a decedent’s remains by completion of a written
instrument:
(a) The spouse of the
decedent.
(b) A son or daughter of
the decedent 18 years of age or older.
(c) Either parent of the
decedent.
(d) A brother or sister
of the decedent 18 years of age or older.
(e) A guardian of the
decedent at the time of death.
(f) A person in the next
degree of kindred to the decedent.
(g) The personal
representative of the estate of the decedent.
(h) The person nominated
as the personal representative of the decedent in the decedent’s last will.
(i) A public health
officer.
(3) The decedent or any
person authorized in subsection (2) of this section to direct the manner of
disposition of the decedent’s remains may delegate such authority to any person
18 years of age or older. Such delegation shall be made by completion of the
written instrument described in subsection (7) of this section. The person to
whom the authority is delegated shall have the same authority under subsection
(2) of this section as the person delegating the authority.
(4) If a decedent or the
decedent’s designee issues more than one authorization or direction for the
disposal of the decedent’s remains, only the most recent authorization or
direction shall be binding.
(5) A donation of
anatomical gifts under ORS 97.952 or 97.954 shall take priority over directions
for the disposition of a decedent’s remains under this section only if the
person making the donation is of a priority under subsection (1) or (2) of this
section the same as or higher than the priority of the person directing the
disposition of the remains.
(6) If the decedent
directs a disposition under subsection (1) of this section and those
financially responsible for the disposition are without sufficient funds to pay
for such disposition or the estate of the decedent has insufficient funds to
pay for the disposition, or if the direction is unlawful, the direction shall
be void and disposition shall be in accordance with the direction provided by
those persons given priority in subsection (2) of this section and who agree to
be financially responsible.
(7) The signature of the
individual shall be required for the completion of the written instrument
required in subsection (3) of this section. The following form or a form
substantially similar shall be used by all individuals:
______________________________________________________________________________
APPOINTMENT OF PERSON
TO MAKE DECISIONS
CONCERNING DISPOSITION
OF REMAINS
I, ________________,
appoint ________________, whose address is ______________ and whose telephone
number is (___) _________, as the person to make all decisions regarding the
disposition of my remains upon my death for my burial or cremation. In the
event ____________ is unable to act, I appoint ____________, whose address is ________________
and whose telephone number is (___) _________, as my alternate person to make
all decisions regarding the disposition of my remains upon my death for my
burial or cremation.
It is my intent that
this Appointment of Person to Make Decisions Concerning Disposition of Remains
act as and be accepted as the written authorization presently required by ORS
97.130 (or its corresponding future provisions) or any other provision of
Oregon Law, authorizing me to name a person to have authority to dispose of my
remains.
DATED
this ___ day of ______, ____.
________________
(Signature)
DECLARATION OF WITNESSES
We declare that ____________
is personally known to us, that he/she signed this Appointment of Person to
Make Decisions Concerning Disposition of Remains in our presence, that he/she
appeared to be of sound mind and not acting under duress, fraud or undue
influence, and that neither of us is the person so appointed by this document.
Witnessed By:
______________ Date: ____
Witnessed By:
______________ Date: ____
______________________________________________________________________________
(8) Subject to the
provisions of ORS 97.950 to 97.964, if disposition of the remains of a decedent
has not been directed and authorized under this section within 10 days after
the date of the death of the decedent, a public health officer may direct and
authorize disposition of the remains.
(9) Notwithstanding
subsection (2) of this section, a person arrested for or charged with criminal
homicide by reason of the death of the decedent may not direct the disposition
of the decedent’s remains. The disposition of the decedent’s remains shall be
made in accordance with the directions of an eligible person within the first
applicable class established under subsection (2) of this section.
Approved by the Governor June 12, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
__________