Disposition of the remains of a decedent; persons to make arrangements for funeral.
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HB 2005 — Disposition of the remains of a decedent; persons to make arrangements for funeral.
Last action — Failed to report (defeated) in General Laws and Technology (5-Y 9-N 1-A)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Disposition of the remains of a decedent; persons to make arrangements for funeral and disposition of remains. Establishes an order of priority for persons who have the right to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of his remains and establishes processes by which such persons may assert or forfeit their right to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of his remains. The bill also provides protections for any funeral service establishment, funeral service establishment manager of record, funeral service licensee, funeral director, embalmer, registered crematory, registered crematory owner, registered crematory manager of record, or certified crematory operator that relies upon a written statement made by a person attesting to his right to make arrangements or otherwise be responsible for a decedent's funeral and sets out rights of funeral service establishments when there is a dispute regarding the arrangements of a decedent's funeral or his remains or the identity of any persons who have the right to make arrangements for the decedent. The bill also adds provisions related to designation of a person to make arrangements for a decedent's funeral or disposition of a decedent's remains, clarification of decision-making authority when next of kin disagrees, and procedures in the absence of next of kin for cemeteries or cemetery companies.
Bill Text
What changed in the latest version
321 added · 260 removedPlain-language change summary
The latest version of HB 2005 includes amendments that clarify who can arrange the disposition of a deceased person's remains when there is no next of kin available. It now allows any person aged 18 or older, who can positively identify the deceased and is willing to cover the costs, to step in if designated individuals refuse or are unable to take responsibility. This change aims to provide more options and flexibility in managing funeral arrangements, ensuring that remains are appropriately cared for, even in challenging circumstances.
SPECIAL SESSION I history | hilite | pdf | print version 21100550D21103975D HOUSE BILL NO.
2005 OfferedAMENDMENT JanuaryIN 13,THE 2021NATURE PrefiledOF A SUBSTITUTE (Proposed by the House Committee on Health, Welfare and Institutions on January 11,28, 20212021) (Patron Prior to Substitute--Delegate Sickles A BILL to amend and reenact §§ 32.1-309.1, 54.1-2800, 54.1-2807, 54.1-2825, and 54.1-282557-27.3 of the Code of Virginia;
to amend the Code of Virginia by adding in Article 51 of Chapter 283 of Title 54.157 asections section numbered 54.1-2825.1;57-27.4, 57-27.5, and 57-27.6;
---------- Patron-- Sickles ---------- Referred to Committee on Health, Welfare and Institutions ---------- Be it enacted by the General Assembly of Virginia:
That §§ 32.1-309.1, 54.1-2800, 54.1-2807, 54.1-2825, and 54.1-282557-27.3 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 51 of Chapter 283 of Title 54.157 asections section numbered 54.1-2825.157-27.4, 57-27.5, and 57.27-6 as follows:
If a funeral service establishment or funeral service licensee makes arrangements with a person other than a next of kin, designated person, agent, or guardian in accordance with this section, then the funeral service licensee or funeral service establishment shall be immune from civil liability unless such act, decision, or omission resulted from bad faith or malicious intent Except as provided otherwise provided in this chapter, the right of a person to make arrangements and otherwise be responsible for a decedent's funeral and arrangements for the disposition of humana decedent's remains shall be governed by § 54.1-2825.
"Arrangements for disposition" means arrangements for the burial, interment, entombment, cremation, or other authorized disposition of a dead body or the remains thereof permitted by law.
"Disposition" means the burial, interment, entombment, cremation, or other authorized disposition of a dead body or the remains thereof permitted by law.
any person designated to make arrangements for the disposition of the decedent's remains upon his death pursuant to § 54.1-2825, the legal spouse, child aged 18 years or older, parent of a decedent aged 18 years or older, custodial parent or noncustodial parent of a decedent younger than 18 years of age, siblings over 18 years of age, guardian of minor child, guardian of minor siblings, maternal grandparents, paternal grandparents, maternal siblings over 18 years of age and paternal siblings over 18 years of age, or any other relative in the descending order of blood relationship the person or persons identified in § 54.1-2825 as having the right to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of hisa decedent's remains.
Any person may designate in a signed and notarized writing, which has been accepted in writing by the person personsindividual so designated, an individual one or more individuals who shall have the right to make arrangements and be otherwise responsible for his funeral and the disposition of his remains, including cremation, interment, entombment, or memorialization, or some combination thereof, upon his death.
ExceptIn ascases provided in subsectionwhich Ea andperson is the subject of a guardianship pursuant to subsectionChapter F,20 (§ 64.2-2000 et seq.) of Title 64.2, provided the court order appointing the guardian specifically grants to the guardian the right to make arrangements for the disposition of remains of the person who is the subject of the order of appointment, and otherwisethe order of appointment has not been revoked, terminated, or modified to remove such grant at the time the person dies, such guardian shall be responsible for amaking person'sarrangements for the decedent's funeral and the disposition of histhe remainsperson's body and shall behave exercisablepriority byover theall followingpersons persons,otherwise providedentitled thatto anymake such personarrangements, isprovided 18that yearsthe guardian provides a copy of agethe orcourt olderorder appointing him as the guardian to the funeral services establishment and ofthe soundcemetery, mind,if inany, no later than 48 hours after the followingfuneral orderservice ofestablishment priority:has received the remains.
E.
Except as provided in subsection F and subject to subsection G, the right to make arrangements and otherwise be responsible for a person's funeral and the disposition of his remains shall be exercisable by the following persons, provided that any such person is 18 years of age or older and of sound mind, in the following order of priority:
A personguardian designatedappointed inby a preneedcourt funeralof contractcompetent orjurisdiction otherwisepursuant designatedto byChapter 20 (§ 64.2-2000) of Title 64.2, provided the decedentcourt inorder aappointing writingthe pursuantguardian specifically grants to subsectionthe Aguardian the right to make arrangements for the disposition of remains of the person who is the subject of the order of appointment, and the order of appointment has not been revoked, terminated, or Bmodified or,to ifremove applicable,such subsectiongrant C.at the time the person dies.
TheA survivingperson spousedesignated ofin thea decedent,preneed exceptfuneral wherecontract aor divorceotherwise actiondesignated hasby beenthe fileddecedent andin thea divorcewriting ispursuant notto finalsubsection A or thereB hasor, beenif aapplicable, judicialsubsection separation.C.
The surviving childspouse of the decedentdecedent, or,except ifwhere therea isdivorce moreaction thanhas onebeen survivingfiled childand of the decedent,divorce theis majoritynot offinal theor survivingthere children.has been a judicial separation.
The surviving parentchild of the decedent or, if there is more than one surviving parentchild of the decedent, the majority of the surviving parents.children.
The surviving siblingsparent of the decedent,decedent oror, if there is more than one surviving siblingparent of the decedent, the majority of the surviving siblings.parents.
AnyThe othersurviving personsiblings whoof is willing to make arrangements and otherwise be responsible for the decedent'sdecedent funeralor, andif thethere dispositionis ofmore histhan remains,one includingsurviving thesibling funeral service establishment with custody of the remains,decedent, provided that such other person, including a funeral service establishment, attests in writing that he has made a good faith effort to locate and contact the individualsmajority inof subdivisions 1 through 5 and either no such persons could be located or contacted or no such persons are willing to make arrangements and otherwise be responsible for the decedent'ssurviving funeralsiblings. and the disposition of his remains.
E.7.
AAny other person entitledwho underis thiswilling section to make arrangements and otherwise be responsible for athe decedent's funeral and the disposition of his remains, including athe personfuneral designatedservice inestablishment awith preneedcustody funeralof contractthe orremains, otherwiseprovided designatedthat bysuch theother decedentperson, inincluding a writingfuneral pursuantservice toestablishment, subsectionattests Ain orwriting Bthat or,he ifhas applicable,made subsectiona C,good shallfaith forfeiteffort thatto right,locate and contact the rightindividuals shallin subdivisions 1 through 6 and either no such persons could be exercisablelocated byor thecontacted nextor qualifyingno personsuch inpersons theare orderwilling ofto prioritymake inarrangements subsectionand D,otherwise underbe responsible for the followingdecedent's circumstances:funeral and the disposition of his remains.
A funeral service establishment that is willing to make arrangements and otherwise be responsible for the decedent's funeral shall comply with the provisions of §§ 32.1-309.1 and 32.1-309.2.
F.
A person entitled under this section to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of his remains, including a person designated in a preneed funeral contract, a person designated by the decedent in a writing pursuant to subsection A or B or, if applicable, subsection C, or a guardian described in subsection D shall forfeit that right, and the right shall be exercisable by the next qualifying person in the order of priority in subsection E, under the following circumstances:
Such person does not notify the funeral service establishment having custody of the decedent's remains of his intention to exercise such right within 48 hours of notification of the decedent's deathdeath, orprovided withinthat 72the hoursfuneral ofservice theestablishment decedent'sreceives death,a whicheverresponse isindicating earlier.that such person received such notification of death.
F.G.
Any funeral service establishment, funeral service establishment manager of record, funeral service licensee, funeral director, embalmer, registered crematory, registered crematory owner, registered crematory manager of record, or certified crematory operator that relies upon such signedsigned writing shall be immune from civil or criminal liability for any act, decision, or omission in connection with following such person's direction related to the decedent's funeral and the disposition of his remains, unless such act, decision, or omission resulted from willful neglect or bad faith.
Such person will take into account the decedent's religious beliefs and any preferences previously expressed by the decedent whether orally or in writing and was made known to him prior to such arrangements being made.
All other persons with the same or higher priority to make arrangements and otherwise be responsible for the decedent's funeral and the disposition of his remains consent to such person making such arrangements, or after reasonable inquiry, (i) there are no persons who have the same or higher priority,priority or (ii) no persons who have the same or higher priority could be located or contacted.
G.
A person who has the right to make arrangements and otherwise be responsible for the decedents funeral and disposition of the decedents remains who is unwilling or unable to make such arrangements or to otherwise be responsible for the decedents funeral and disposition of the decedents remains may relinquish such rights in a signed written statement.
A person who relinquishes his rights pursuant to this subsection may designate another person who shall be responsible for the decedents funeral and disposition of the decedents remains.
Such designation shall be made in writing and signed by the person so designating.
If a person who relinquishes his rights pursuant to this subsection does not designate another person who shall be responsible for the decedents funeral and disposition of the decedents remains, the right of a person to make arrangements and otherwise be responsible for a decedents funeral and the disposition of the decedents remains shall be determined in accordance with subsection D.
IfA there is more than one person inwho has the sameright class in subsection D willing to make arrangements and otherwise be responsible for the decedent's funeral and the disposition of histhe decedent's remains andwho suchis personsunwilling door notunable agreeto onmake such arrangements,arrangements any such person or ato funeralotherwise servicebe establishmentresponsible withfor custody of the remainsdecedent's mayfuneral petitionand thedisposition circuitof court in the countydecedent's orremains citymay whereinrelinquish the decedent has a known place of residence, or if he has no such knownrights place of residence, then in thea countysigned orwritten citystatement. wherein the decedent died, to determine who has the right to make arrangements and otherwise be responsible for the decedent's funeral and the disposition of his remains.
A person who relinquishes his rights pursuant to this subsection may designate another person who shall be responsible for the decedent's funeral and disposition of the decedent's remains.
Such designation shall be made in writing and signed by the person so designating.
If a person who relinquishes his rights pursuant to this subsection does not designate another person who shall be responsible for the decedent's funeral and disposition of the decedent's remains, the right of a person to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of the decedent's remains shall be determined in accordance with subsection E.
I.
If there is more than one person in the same class in subsection E willing to make arrangements and otherwise be responsible for the decedent's funeral and the disposition of his remains and such persons do not agree on such arrangements, any such person or a funeral service establishment with custody of the remains may petition the circuit court in the county or city wherein the decedent has a known place of residence, or if he has no such known place of residence, then in the county or city wherein the decedent died, to determine who has the right to make arrangements and otherwise be responsible for the decedent's funeral and the disposition of his remains.
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I.J.
If the funeral service establishment retains the remains for final disposition while any such dispute remains pending, it may embalm or refrigerate and shelter the dead body,body or both, in order to preserve the dead body until resolution of the dispute in the aforesaid manner.
J.K.
§ 54.1-2825.1.57-27.3.
ExemptionAuthorization offor cemeteriesinterment. or cemetery companies.
ThisA articlecemetery shallmay notaccept applythe tonotarized cemeteriessignature of one next of kin of a decedent for the purpose of authorizing the interment or entombment, and for erecting a memorial on the grave, crypt or niche, unless the cemetery companiesis ason definedwritten innotice §that 54.1-2310.there exists a dispute between next of kin over such interment, entombment or memorialization.
In the case of such a dispute, the cemetery shall have no obligation to perform the interment, entombment or memorialization until there is agreement of all next of kin, or a court order adjudicating the issue among all necessary parties.
For purposes of this section, "next of kin" means any of the following persons, regardless of the relationship to the decedent:
any person designated to make arrangements for the disposition of the decedent's remains upon his death pursuant to § 54.1-2825 57-27.4, the legal spouse, child over 18 years of age, custodial parent, noncustodial parent, siblings over 18 years of age, guardian of minor child, guardian of minor siblings, maternal grandparents, paternal grandparents, maternal siblings over 18 years of age and paternal siblings over 18 years of age, or any other relative in the descending order of blood relationship.
§ 57-27.4.
Person to make arrangements for disposition of remains.
A.
Any person may designate in a signed and notarized writing, which has been accepted in writing by the individual so designated, an individual who shall have the right to make arrangements and be otherwise responsible for the disposition of his remains, including cremation, interment, entombment, or memorialization, or some combination thereof, upon his death.
Such designee shall have priority over all persons otherwise entitled to make such arrangements, provided that a copy of the signed and notarized writing is provided to the cemetery, if any, no later than 48 hours after cemetery has received the remains.
Nothing in this section shall preclude any next of kin from paying any costs associated with the disposition of a decedent's remains, provided that such payment is made with the concurrence of any person designated to make arrangements.
B.
A person who has previously designated one or more individuals who shall have the right to make arrangements and be otherwise responsible for the disposition of his remains may make a subsequent designation in a signed and notarized writing.
Upon acceptance in writing of the subsequent designation by the person so designated, all previous designations shall be invalid.
C.
In cases in which a person has designated in a U.S.
Department of Defense Record of Emergency Data (DD Form 93) or any successor form an individual to make arrangements for the disposition of his remains, and such person dies while serving in any branch of the United States Armed Forces as defined in 10 U.S.C.
§ 1481, such designee shall be responsible for making such arrangements.
§ 57-27.5.
When next of kin disagree.
A.
In the absence of a designation under § 57-27.4, when there is a disagreement among a decedent's next of kin concerning the arrangements for the disposition of his remains, any of the next of kin may petition the circuit court where the decedent resided at the time of his death to determine which of the next of kin shall have the authority to make arrangements for the disposition of his remains.
The court may require notice to and the convening of such of the next of kin as it deems proper.
B.
In determining the matter before it, the court shall consider the expressed wishes, if any, of the decedent, the legal and factual relationship between or among the disputing next of kin and between each of the disputing next of kin and the decedent, and any other factor the court considers relevant to determine who should be authorized to make the arrangements for the disposition of the decedent's remains.
§ 57-27.6.
Absence of next of kin.
In the absence of a next of kin, a person designated to make arrangements for the disposition of a decedent's remains pursuant to § 57-27.4, an agent named in an advance directive pursuant to § 54.1-2984, or any guardian appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2 who may exercise the powers conferred in the order of appointment or by § 64.2-2019, or upon the failure or refusal of such next of kin, designated person, agent, or guardian to accept responsibility for the disposition of the decedent, then any other person 18 years of age or older who is able to provide positive identification of the deceased and is willing to pay for the costs associated with the disposition of the decedent's remains shall be authorized to make arrangements for such disposition of the decedent's remains.
If a cemetery makes arrangements with a person other than a next of kin, designated person, agent, or guardian in accordance with this section, then the cemetery shall be immune from civil liability unless such act, decision, or omission resulted from bad faith or malicious intent.
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View plain text versions (2)
- Committee Substitute Committee substitute printed 21103975D-H1 Current html January 28, 2021
- Prefiled Prefiled and ordered printed; offered 01/13/21 21100550D html January 11, 2021
Action History
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Failed to report (defeated) in General Laws and Technology (5-Y 9-N 1-A)
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Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)
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Referred to Committee on General Laws and Technology
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Constitutional reading dispensed
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VOTE: Passage (91-Y 8-N)
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Read third time and passed House (91-Y 8-N)
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Engrossed by House - committee substitute HB2005H1
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Committee substitute agreed to 21103975D-H1
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Read second time
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Read first time
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Impact statement from DPB (HB2005H1)
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Committee substitute printed 21103975D-H1
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Reported from Health, Welfare and Institutions with substitute (18-Y 3-N)
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House committee, floor amendments and substitutes offered
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Subcommittee recommends reporting with substitute (5-Y 1-N)
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House subcommittee amendments and substitutes offered
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Impact statement from DPB (HB2005)
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Assigned HWI sub: Health Professions
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Referred to Committee on Health, Welfare and Institutions
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Prefiled and ordered printed; offered 01/13/21 21100550D
Sponsors
- Mark D. Sickles · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 19 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 9 | 0 | 1 |
| Total | 5 | 9 | 0 | 1 |
| % of votes cast | 33% | 60% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Nay |
| Dunnavant, Siobhan S. | — | Nay |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Nay |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Nay |
| Mamie E. Locke | — | Nay |
| Mason, T. Montgomery "Monty" | — | Nay |
| Richard H. Stuart | — | Nay |
| Ruff, Frank M., Jr. | — | Nay |
| Todd E. Pillion | — | Nay |
| Vogel, Jill Holtzman | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 1 |
| Total | 14 | 0 | 0 | 1 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Not Voting |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 90 | 8 | 0 | 1 |
| Total | 90 | 8 | 0 | 1 |
| % of votes cast | 91% | 8% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 18 | 3 | 0 | 1 |
| Total | 18 | 3 | 0 | 1 |
| % of votes cast | 82% | 14% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Aird, Lashrecse D. | — | Nay |
| Avoli, G. "John" | — | Yea |
| Bell, Robert B. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Christopher T. Head | — | Yea |
| Edmunds, James E., II | — | Not Voting |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Levine, Mark H. | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Nay |
| Orrock, Robert D., Sr. | — | Yea |
| Patrick A. Hope | — | Yea |
| Robinson, Roxann L. | — | Nay |
| Rodney T. Willett | — | Yea |
| Sam Rasoul | — | Yea |
| Samirah, Ibraheem S. | — | Yea |
| Sickles, Mark D. | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 1 | 0 | 1 |
| Total | 5 | 1 | 0 | 1 |
| % of votes cast | 71% | 14% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Karrie K. Delaney | — | Yea |
| M. Keith Hodges | — | Yea |
| Robinson, Roxann L. | — | Nay |
| Sam Rasoul | — | Yea |
| Samirah, Ibraheem S. | — | Yea |
| Sickles, Mark D. | — | Not Voting |
Subjects
Frequently asked questions
- What does HB 2005 do?
- Disposition of the remains of a decedent; persons to make arrangements for funeral and disposition of remains. Establishes an order of priority for persons who have the right to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of his remains and establishes processes by which such persons may assert or forfeit their right to make arrangements and otherwise be responsible for a decedent's funeral and the disposition of his remains. The bill also provides protections for any funeral service establishment, funeral service establishment manager of record, funeral service licensee, funeral director, embalmer, registered crematory, registered crematory owner, registered crematory manager of record, or certified crematory operator that relies upon a written statement made by a person attesting to his right to make arrangements or otherwise be responsible for a decedent's funeral and sets out rights of funeral service establishments when there is a dispute regarding the arrangements of a decedent's funeral or his remains or the identity of any persons who have the right to make arrangements for the decedent. The bill also adds provisions related to designation of a person to make arrangements for a decedent's funeral or disposition of a decedent's remains, clarification of decision-making authority when next of kin disagrees, and procedures in the absence of next of kin for cemeteries or cemetery companies.
- Who sponsors HB 2005?
- HB 2005 is sponsored by Mark D. Sickles.
- What is the current status of HB 2005?
- This bill died with 2021 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 2005?
- Track HB 2005 free on One Click Politics — get push/email alerts when it moves.
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