§ 5-33.2-24 - Proper authority for funeral arrangements and disposition of human remains.
SECTION 5-33.2-24
§ 5-33.2-24 Proper authority for funeralarrangements and disposition of human remains. – Every licensed funeral director/embalmer, licensed funeral establishment,licensed crematory, and cemetery shall comply with the following rules withrespect to proper authority for funeral arrangements and disposition of humanremains:
(1) If a licensed funeral establishment is a party to afuneral services contract, as defined in § 5-33.1-2, for the benefit of adeceased person, only when executed by the principal, him or herself and thecontract is still in effect at the time of that person's death, the terms ofthat contract shall control the nature of the funeral goods and services to beprovided, the manner in which funeral services are to be conducted for thedeceased, and the final disposition of the deceased person's remains to thefull extent provided in that contract. When the contract is executed by theprincipal, him or herself, and specifies cremation as the chosen disposition,the contract is considered sufficient legal authorization for cremation. Nolicensed funeral establishment, licensed crematory, or cemetery nor any of itsagents or employees, may cancel or materially alter any of the arrangementsspecified in that contract, even if requested to do so by a member of thedeceased person's family or a funeral planning agent designated pursuant tochapter 33.3 of this title unless compliance with the terms of the originalcontract would result in a violation of any applicable federal, state or locallaw or regulation, notwithstanding the provisions of this chapter.
(2) To the extent that there is no funeral services contractin effect at the time of death for the benefit of the deceased person,indicating the wishes of the deceased person with respect to the nature of thefuneral goods and services to be provided, the manner in which funeral servicesare to be conducted, or the final disposition of the deceased person's remains,then the funeral establishment and its agents or employees shall follow thedirections of the deceased person's survivors, in the following order ofpriority:
(i) An agent designated pursuant to chapter 33.3 of thistitle, if any;
(ii) The surviving spouse or domestic partner of the deceased;
(iii) The surviving adult children of the deceased;
(iv) The surviving parent(s) of the deceased;
(v) The surviving brother(s) or sister(s) of the deceased;
(vi) The surviving adult grandchildren of the deceased;
(vii) The surviving adult niece(s) or nephew(s) of thedeceased;
(viii) The guardian of the person of the deceased at the timeof his or her death.
(3) All licensed funeral directors/embalmers, licensedfuneral establishments, licensed crematories, cemeteries, and all their agentsand employees shall be held harmless, and shall not be subject to civil suit,either as individual(s), partnership(s), or corporation(s) for complying withthe provisions of this chapter.
(4) For the purpose of this chapter, "domestic partner" shallbe defined as a person who, prior to the decedent's death, was in an exclusive,intimate and committed relationship with the decedent, and who certifies byaffidavit that their relationship met the following qualifications:
(i) Both partners were at least eighteen (18) years of ageand were mentally competent to contract;
(ii) Neither partner is married to anyone else;
(iii) Partners were not related by blood to a degree whichwould prohibit marriage in the state of Rhode Island;
(iv) Partners resided together and had resided together forat least one year at the time of death; and
(v) Partners were financially interdependent as evidenced byat least two (2) of the following:
(A) Domestic partnership agreement or relationship contract;
(B) Joint mortgage or joint ownership of primary residence;
(C) Two (2) of the following:
(I) Joint ownership of motor vehicle;
(II) Joint checking account;
(III) Joint credit account;
(IV) Joint lease; and/or
(D) The domestic partner had been designated as a beneficiaryfor the decedent's will, retirement contract or life insurance.