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S 1217

An Act designating right of disposition

194th Legislature (2025-2026) Introduced by Joe McKenna and 1 co-sponsor

Adds a statutory framework to designate who controls disposition of a decedent's remains via pre-need contracts or sworn affidavits, with a priority order and forfeiture rules.

Hearing scheduled for 04/22/2025 from 01:00 PM-05:00 PM in A-2
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Bill Summary · S 1217

Summary — S 1217: "An Act designating right of disposition"

Note on documents provided: the materials supplied include two different bills both labeled S 1217 (one Massachusetts draft titled “An Act designating right of disposition” and a separate Idaho appropriation bill for the Department of Fish and Game). This summary focuses on the Massachusetts-style text titled “An Act designating right of disposition,” which appears to be the subject of the hearing scheduled 04/22/2025. Where relevant, procedural notes from the package are included below.

Main purpose and intent

The bill clarifies and codifies who has the legal right to control the disposition of a person’s remains (location, manner, conditions of disposition and funeral goods/services). It (1) recognizes pre-need funeral contracts and notarized affidavits as ways for an adult to designate those directions in advance; (2) establishes a default statutory order of priority among family and other parties for who may control disposition; and (3) lists circumstances in which a person forfeits that right.

Key provisions

  • Authority by advance directive:
    • An adult (18+, of sound mind) may direct disposition either by a pre-need funeral services contract (per 239 CMR 4.01) or via a written, sworn, notarized affidavit.
    • Disposition directions in pre-need contracts are protected from cancellation or substantial revision except by a person specifically authorized in the contract or if funds set aside are insufficient.
  • Statutory order of priority (vests right to control disposition, subject to age and sound mind):
    1. Person designated by the decedent in an affidavit (or the federal Record of Emergency Data Form DD 93 for certain active-duty military).
    2. Surviving spouse.
    3. Sole surviving child, or a majority of surviving children (special notice/effort rules apply).
    4. Surviving parent(s).
    5. Surviving siblings (or majority).
    6. Surviving grandparents (or majority).
    7. Guardian of the person (if one existed at death).
    8. Personal representative of the estate.
    9. Next degree of kin under intestacy rules.
    10. Public officer/employee when state/political subdivision is responsible.
    11. If none of the above, any other person willing to assume responsibility after attesting a good-faith effort to locate listed persons.
  • Formal affidavit form: bill provides a model notarized affidavit a decedent can use to designate a designee.
  • Forfeiture rules (selected):
    • A person charged with certain violent crimes in connection with the death forfeits the right (until charges dismissed or acquitted).
    • A person who does not exercise the right within two days after notification of death (or within three days of death) forfeits the right.
    • Forfeiture if spouse and decedent had a pending divorce at time of death.
    • Probate court may find forfeiture where the entitled person and decedent were “estranged” at time of death (text in provided document was truncated for full definition).

Who is affected

  • Decedents (those who wish to specify arrangements in advance).
  • Surviving family members and others who may be entitled to control disposition.
  • Funeral homes and funeral directors (who will rely on the statutory hierarchy and pre-need contracts/affidavits).
  • Probate courts (for disputes and for determinations such as estrangement).
  • State and local authorities when disposition becomes a public responsibility.
  • Military service members referenced via DD 93 for designation recognition.

Procedural status & timeline (from provided materials)

  • Introduced/petition filed: January 13–21, 2025 (sponsor: Patrick M. O’Connor; co-petitioner Joseph D. McKenna).
  • Referred to The Judiciary committee (document shows referral on 02/27/2025).
  • Hearing scheduled: April 22, 2025, 1:00–5:00 PM in A‑2.
  • Note: materials include other legislative actions and unrelated S 1217 texts (Idaho appropriation); confirm you are using the correct jurisdictional version before relying on enactment details.

Potential impacts and considerations

  • Reduces ambiguity and family disputes by establishing a clear statutory priority and validating pre-need contracts and sworn affidavits.
  • Strengthens enforceability of decedent’s expressed wishes, but creates new procedural questions (e.g., timelines for exercising rights, evidentiary standards for estrangement, interplay with preexisting state law).
  • Funeral providers will have clearer authority to proceed when presented with valid pre-need contracts or affidavits.
  • Courts may see litigation over application of forfeiture rules (criminal charges, notice/timing, estrangement findings).

For a complete legal analysis or implementation guidance, review the full, finalized bill text (particularly the truncated portion of Section 4) and applicable state statutes that would be amended or supplemented.

Compiled from official sources — confirm details with the bill’s official record.

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