Kansas Statutes 65-1734. Order of priority of persons authorized to dispose of decedent’s remains; immunity of funeral directors, funeral establishments and crematories
Terms Used In Kansas Statutes 65-1734
- Cremation: means the mechanical and/or other dissolution process that reduces human remains to bone fragments. See Kansas Statutes 65-1760
- Crematory: means a business premises that houses the cremation chamber and holding facility where dead human bodies are cremated. See Kansas Statutes 65-1760
- Decedent: A deceased person.
- Funeral director: means a person who holds a current license as a funeral director issued by the board. See Kansas Statutes 65-1760
- Funeral establishment: means a funeral establishment or branch establishment as licensed by the board. See Kansas Statutes 65-1760
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) The following persons, in order of priority stated, may order any lawful manner of final disposition of a decedent‘s remains including burial, cremation, entombment or anatomical donation:
(1) The agent for health care decisions established by a durable power of attorney for health care decisions pursuant to Kan. Stat. Ann. § 58-625 et seq., and amendments thereto, if such power of attorney conveys to the agent the authority to make decisions concerning disposition of the decedent’s remains;
(2) the spouse of the decedent;
(3) the decedent’s surviving adult children. If there is more than one adult child, any adult child who confirms in writing the notification of all other adult children, may direct the manner of disposition unless the funeral establishment or crematory authority receives written objection to the manner of disposition from another adult child;
(4) the decedent’s surviving parents;
(5) the persons in the next degree of kinship under the laws of descent and distribution to inherit the estate of the decedent. If there is more than one person of the same degree, any person of that degree may direct the manner of disposition;
(6) a guardian of the person of the decedent at the time of such person’s death;
(7) the personal representative of the decedent; or
(8) in the case of indigents or any other individuals whose final disposition is the responsibility of the state or county, the public official charged with arranging the final disposition pursuant to Kan. Stat. Ann. § 22a-215, and amendments thereto.
(b) If the decedent died during active military service, as provided in 10 U.S.C. § 1481(a)(1) through (8), in any branch of the United States armed forces, United States reserve forces or national guard, the person authorized by the decedent to direct disposition pursuant to public law 109-163, § 564, as listed on the decedent’s United States department of defense record of emergency data, DD form 93, or its successor form, shall take priority over all other persons described in subsection (a).
(c) A funeral director, funeral establishment or crematory shall not be subject to criminal prosecution or civil liability for carrying out the otherwise lawful instructions of the person or persons under subsection (a) if the funeral director reasonably believes such person is entitled to control final disposition.