(a)  Any individual who is at least eighteen (18) years of age and of sound mind is allowed to designate a primary funeral planning agent and alternate agent, if they wish.

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Terms Used In Rhode Island General Laws 5-33.3-3

  • Funeral planning agent: means a person who is at least eighteen (18) years of age; who has been duly and lawfully designated, and who has accepted the designation, to act for the principal; and who has authority and responsibility to make all arrangements, regarding funeral preparation, planning, the nature of the funeral goods and services to be provided, the manner in which funeral services are to be conducted, burial, and/or the disposition of the principal's remains, including cremation, upon the death of the principal. See Rhode Island General Laws 5-33.3-2
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Principal: means the person designating another individual or individuals to serve as his or her funeral planning agent upon the person's death. See Rhode Island General Laws 5-33.3-2

(b)  All healthcare providers, as licensed under the provisions of chapter 29 or 37 of this title, all healthcare facilities, as defined in chapter 17 of Title 23, all funeral directors/embalmers and funeral establishments as defined in chapter 33.2 of this title, and all crematories and cemeteries, as well as their agents and employees, shall be required to comply with all of the provisions of this chapter.

(c)  The individual making the designation pursuant to subsection (a) shall designate a primary agent, but shall not be required to designate an alternate agent. No person so designated as the funeral planning agent shall be required to take on the responsibilities of said designation if they are unwilling or incapable of doing so.

(d)  No person may act as a primary funeral planning agent or alternate agent for more than one non-relative at any one time except that a person may serve as a funeral planning agent to any and all of his or her relatives and any one non-relative simultaneously. The designated agent or alternate agent shall sign the designation accepting the appointment. A person accepting said appointment shall assume ultimate responsibility for ensuring full payment of all expenses and costs connected to the funeral of the principal from the principal’s resources, or in the event the principal’s resources are insufficient to ensure full payment, from the agent’s own personal financial resources.

(e)  All individuals, facilities, and establishments listed in subsection (b) shall be held harmless, and shall not be subject to civil suit, either as individual(s), partnership(s), or corporation(s) for complying with the provisions of this chapter.

History of Section.
P.L. 1999, ch. 196, § 2.