154.30 Control of final disposition of certain human remains.

759 words·~3 min read·/wi/chapter-154/154-30-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions.

(a)“Authorization for final disposition” means a document that satisfies the conditions under sub.

(d)or

(dm), and that is voluntarily executed by a declarant under sub.

(8), but is not limited in form or substance to that provided in sub.

(8).

(b)“Cemetery authority” has the meaning given in s. 157.061

(2).

(c)“Credential” has the meaning given in s. 440.01

(a).

(d)“Crematory authority” has the meaning given in s. 440.70

(9).

(e)“Declarant” means an individual who executes an authorization for final disposition.

(f)“Estranged” means being physically and emotionally alienated for a period of time, at the time of the decedent’s death, and clearly demonstrating an absence of due affection, trust, and regard.

(g)“Final disposition” means disposition of a decedent’s remains, including any of the following:

1. Arrangements for a viewing.

2. A funeral ceremony, memorial service, graveside service, or other last rite.

3. A burial, cremation and burial, or other disposition, or donation of the decedent’s body.

(h)“Funeral director” has the meaning given in s. 445.01

(5).

(i)“Health care provider” means any individual who has a credential to provide health care.

(L)“Representative” means an individual specifically designated in an authorization for final disposition or, if that individual is unable or unwilling to carry out the declarant’s decisions and preferences, a successor representative designated in the authorization for final disposition to do so.

(m)“Social worker” has the meaning given in s. 252.15

(er).

(2)Individuals with control of final disposition; order.

(a)Notwithstanding s. 445.14 and except as provided in par.

(b)and sub.

(3), any of the following, as prioritized in the following order, who is at least 18 years old and has not been adjudicated incompetent under ch. 54 or ch. 880 , 2003 stats., may control final disposition, including the location, manner, and conditions of final disposition:

1. Subject to sub.

(e), a representative of the decedent acting under the decedent’s authorization for final disposition that conveys to the representative the control of final disposition, or a successor representative.

2. The surviving spouse of the decedent.

3. The surviving child of the decedent, unless more than one child of the decedent survives. In such an instance, the majority of the surviving children has control of the final disposition, except that fewer than the majority of the surviving children may control the final disposition if that minority has used reasonable efforts to notify all other surviving children and is not aware of opposition by the majority to the minority’s intended final disposition.

4. The surviving parent or parents of the decedent or a surviving parent who is available if the other surviving parent is unavailable after the available surviving parent has made reasonable efforts to locate him or her.

5. The surviving sibling of the decedent, unless more than one sibling of the decedent survives. In such an instance, the majority of the surviving siblings has control of the final disposition, except that fewer than the majority of the surviving siblings may control the final disposition if that minority has used reasonable efforts to notify all other surviving siblings and is not aware of opposition by the majority to the minority’s intended final disposition.

6. In descending order, an individual in the class of the next degree of kinship specified in s. 990.001

(16).

7. The guardian of the person, if any, of the decedent.

8. Any individual other than an individual specified under subds. 1. to 7. who is willing to control the final disposition and who attests in writing that he or she has made a good-faith effort, to no avail, to contact the individuals under subds. 1. to 7.

(b)Control of final disposition under par.

(a), in the order of priority specified in par.

(a), is restored to an individual specified in sub.

(b)1. for whom charges under sub.

(b)1. a. to d. are dismissed or who is found not guilty of the offense. Subject to s. 69.18

(4), the control of final disposition under this paragraph, with respect to a decedent for whom disposition has already been made of his or her remains, is limited, as appropriate, to any of the following:

1. A funeral ceremony, memorial service, graveside service, or other last rite.

2. Disinterment.

3. Reinterment, cremation and reinterment, or other disposition of the decedent’s body.

(3)Exceptions.