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SD 402

An Act designating right of disposition

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

Massachusetts bill establishing legal right for individuals to determine their body's disposition after death, clarifying decision-making authority for funeral and burial arrangements.

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Bill Summary · SD 402

Legislative bill overview

SD 402 is a Massachusetts bill that establishes a legal "right of disposition"—essentially protecting an individual's authority to decide what happens to their body and remains after death. The bill appears designed to codify existing common law rights into statutory form, clarifying who has decision-making power over funeral arrangements, organ donation, and body disposition.

Why is this important

End-of-life decision-making affects families during vulnerable moments and can create legal conflicts when wishes are unclear or disputed. Codifying disposition rights provides legal clarity, reduces family litigation, and protects individual autonomy by establishing a clear hierarchy of decision-makers. This is particularly relevant given increasing diversity in funeral practices and growing numbers of people with specific wishes about their remains.

Potential points of contention

  • Scope of protected rights: Unclear whether the bill covers all disposition methods (burial, cremation, natural burial, water cremation, etc.) or only traditional options
  • Conflicting claims: No clear mechanism described for resolving disputes between family members or between documented wishes and family preferences
  • Religious and cultural considerations: May need explicit protections for faith-based practices that differ from standard funeral industry norms

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

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