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H 87

FUNERAL PLANS – Amends existing law to revise provisions regarding disposition of remains in prearranged funeral plans.

68th Legislature, 1st Regular Session (2025)

House Bill 87 allows guardians to manage funeral arrangements for deceased wards, ensuring their wishes are honored and reducing family disputes over remains.

Reported Signed by Governor on March 21, 2025 Session Law Chapter 137 Effective: 07/01/2025
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Bill Summary · H 87

Summary of House Bill 87 (H 87)

Title

FUNERAL PLANS – Amends existing law to revise provisions regarding disposition of remains in prearranged funeral plans.

Status

  • Reported Signed by Governor: March 21, 2025
  • Session Law Chapter: 137
  • Effective Date: July 1, 2025

Introduction

  • Introduced On: January 30, 2025
  • Classification: Bill
  • Subject Areas: Death, Funerals, Guardians and Conservators

Purpose and Intent

House Bill 87 (H 87) aims to amend existing laws governing the disposition of remains in prearranged funeral plans. The primary intent is to allow guardians of deceased individuals to continue implementing funeral arrangements that align with the deceased's wishes, even after the ward's death. This represents a significant shift from current law, which terminates a guardian's authority upon the death of the ward.

Key Provisions

  1. Authority of Guardians:

    • The bill allows a guardian to manage funeral arrangements for a deceased ward, ensuring that the ward's prearranged plans are honored.
    • This change addresses the gap in current law where guardians lose their authority upon the death of the ward.

  2. Amendments to Existing Code:

    • Section 54-1142: Clarifies the authority regarding the disposition of remains when a prearranged funeral plan is absent or lacks specific provisions.
    • Section 15-5-306: Revises the termination of guardianship for incapacitated persons.
    • Section 15-5-425: Corrects a code reference related to guardianship.

  3. Order of Authority:

    • Establishes a clear hierarchy for who has the right to control the disposition of remains, including:
      • Designated individuals in written documents.
      • Agents under durable powers of attorney for health care.
      • Guardians or conservators at the time of death.
      • Surviving spouses, children, and parents.

  4. Emergency Clause:

    • The bill includes a declaration of emergency, allowing for its immediate implementation upon the effective date.

Impact

  • Who is Affected:

    • The bill primarily impacts guardians of wards who pass away, funeral service providers, and families involved in the funeral planning process.
    • It ensures that the wishes of deceased individuals regarding their remains are respected and followed, potentially reducing disputes among family members.

  • Fiscal Impact:

    • The legislation is noted to have no fiscal impact, meaning it does not require additional funding or resources from state or local governments.

Procedural Timeline

  • March 24, 2025: Reported signed by the Governor.
  • March 19, 2025: Delivered to the Governor.
  • March 13, 2025: Passed in the Senate with a vote of 32-0-3.
  • March 11, 2025: Passed in the House with a unanimous vote of 70-0-0.
  • January 30, 2025: Introduced and referred to the Judiciary & Rules Committee.

This summary provides an overview of House Bill 87, detailing its purpose, key provisions, and the anticipated impact on guardianship and funeral planning in Idaho.

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

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