S 989 Massachusetts Senate · 193rd Legislature (2023-2024)

An Act establishing the right of disposition

This bill establishes a new chapter in Massachusetts law to clarify who has the authority to decide how a deceased person's remains are handled. It creates a legal hierarchy where an individual can designate a specific person to control their funeral arrangements through a sworn affidavit, which takes precedence over family members. The law also allows people to make these choices via pre-need funeral contracts, provided those contracts cannot be easily cancelled or changed unless authorized by a designated person or due to insufficient funds. If no specific designation is made, the right to direct disposition follows a set order starting with a surviving spouse, then children, parents, siblings, and grandparents, with rules to resolve disagreements among family members.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
House Passage
Feb 2023
Governor
Introduced Feb 16, 2023 Last action Feb 8, 2024
Floor votes

How they voted

This bill passed the House. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Feb 16, 2023
Lower · Passed
House concurred
lower
Feb 16, 2023
Committee
Referred to the committee on The Judiciary
upper
1 primary · 0 co-sponsors

Sponsors