65-1734. Order of priority of persons authorized to dispose of decedents' remains; immunity of funeral directors, funeral establishments and crematories.
65-1734
65-1734. Order of priority of persons authorized todispose of decedents' remains; immunity of funeral directors, funeralestablishments and crematories.(a) The following persons, in order of priority stated,may order any lawfulmanner 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 ofattorney for health care decisions pursuant to K.S.A. 58-625, etseq., and amendments thereto, if such power of attorney conveys to theagent the authority to make decisions concerning disposition of the decedent'sremains;
(2) the spouse of the decedent;
(3) the decedent's surviving adult children. If there is more than one adultchild, any adult child who confirms in writing the notification of all otheradult children, may direct the manner of disposition unless the funeralestablishment or crematoryauthority receives written objection to the manner of disposition from anotheradult child;
(4) the decedent's surviving parents;
(5) the persons in the next degree of kinship under the laws of descent anddistribution to inherit the estate of the decedent. If there is more than oneperson of the same degree, any person of that degree may direct the manner ofdisposition;
(6) a guardian of the person of the decedent at the time of such person'sdeath;
(7) the personal representative of the decedent; or
(8) in the case of indigents or any other individuals whose final dispositionis the responsibility of the state or county, the public official charged witharranging the final disposition pursuant to K.S.A. 2002 Supp. 22a-215 andamendments thereto.
(b) A funeral director, funeral establishment or crematory shall not besubject to criminal prosecution or civil liability for carrying out theotherwise lawful instructions of the person or persons undersubsection (a) if the funeral director reasonably believes such person isentitled to control final disposition.
History: L. 2000, ch. 122, § 2; July 1.