An Act To
Maine Legislature, Session 125, LD 1490
Committee Amendment CA_A_H596 (House)
Amends: 22 MRSA §2843-A

COMMITTEE AMENDMENT "A" to H.P. 1095, L.D. 1490, Bill, "An Act To 
Amend the Laws Regarding Custody of the Remains of Deceased Persons" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §2843-A, sub-§2, as amended by PL 2009, c. 601, §29, is 
further amended to read: 
2. Custody and control generally. The custody and control of the remains of 
deceased residents of this State, dead bodies or dead human bodies are governed by the 
following provisions~ in the following order of priority: 
A. If the subject has designated a another person to have custody and control in a 
written and signed document, custody and control belong to that designated person~~ 
B. If the subject has not left a written and signed document designating a person to 
have custody and control, or if the person designated by the subj ect refuses custody 
and control, custody and control belong to the next ofkin~; and 
C. If the next of kin is 2 or more persons with the same relationship to the subject, 
the majority ofthe next of kin have custody and control. If the next of kin can not, by 
majority vote, make a decision regarding the subject's remains, the court shall make 
the decision upon petition under subsection 4, paragraph D. 
If a person who has the right of custody and control under this subsection does not 
exercise the rights and responsibilities of custody and control within 4 days after the 
death of the subject, custody and control belong to a person from the next lower level of 
priority as established in paragraphs A to C. 
A person who has been charged with murder, as described in Title 17 -A. section 201, or 
manslaughter, as described in Title 17-A, section 203, subsection 1, paragraph B, forfeits 
the right of custody and control provided under this subsection; and a funeral director or 
practitioner of funeral service who is aware of the charges may not release the remains or 
a dead body to that person who has been charged with murder or manslaughter. If the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ~"to H.P.1095, L.D. 1490 
charges against the person are dismissed or the person is acquitted of the charges before 
the final disposition takes place, the person regains the right of custody and control in the 
same position of priority established in this subsection. 
The remains or a dead body is considered abandoned if no one takes custody and control 
of the remains or dead body for a period of 15 days. A funeral director or practitioner of 
funeral service who has physical possession of abandoned remains or an abandoned dead 
body may bury the remains or dead body. The funeral director or practitioner of funeral 
service may embalm or refrigerate abandoned remains or an abandoned dead body 
without authorization. 
A certificate of abandonment that indicates the means of 
disposition must be filed in the municipality where the death occurred. 
Sec. 2. 22 MRSA §2843-A, sub-§8, as enacted by PL 1993, c. 609, §1, is 
amended to read: 
8. Immunity. A party who, in good faith, acts upon the instructions of the party 
having custody and control is not liable for having carried out those instructions, may not 
be held civilly or criminally liable and is not subject to disciplinary action for acting in 
accordance with those instructions. 
Sec. 3. 22 MRSA §2843-A, sub-§10 is enacted to read: 
10. Funeral director or practitioner of funeral service. The following provisions 
apply to the actions and liability of a funeral director or practitioner of funeral service, 
cemeteries and crematories and their employees. 
A. 
If there is a dispute regarding custody and control, a funeral director or 
practitioner of funeral service may refuse to accept the remains or dead body, inter or 
otherwise dispose of the remains or dead body or complete funeral arrangements until 
the funeral director or practitioner of funeral service is provided with a court order 
under subsection 4 or a written agreement of the person who has custody and control. 
B. If there is a dispute regarding custody and control, pending a court determination 
under subsection 4 a funeral director or practitioner of funeral service who has 
physical possession of the remains or a dead body may embalm or refrigerate and 
shelter the remains or a dead body and may bill the estate of the subject for those 
costs, plus attorney's fees and court costs. 
C. 
A person who signs a statement of funeral goods and services, cremation 
authorization form or other authorization for disposition of the remains or a dead 
body is deemed to warrant the truthfulness of the facts set forth in the document, 
including but not limited to the existence of custody and control and the identity of 
the subject. 
D. A funeral director or practitioner of funeral service, cemetery or crematory may 
rely on a statement of funeral goods and services, cremation authorization form or 
other authorization signed by a person who has custody and control of the remains or 
a dead body and may carry out the instructions provided for in the statement of 
funeral goods and services or on the form or authorization unless the funeral director 
or practitioner of funeral service, cemetery or crematory knows of objections from 
another person. 
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COMMITTEE AMENDMENT" ~"to H.P. 1095, L.D. 1490 
E. A funeral director or practitioner of funeral service, cemetery or crematory is not 
required to independently investigate custody and control of the remains or a dead 
body or who is next of kin.' 
SUMMARY 
This amendment makes technical changes to the bill by including practitioners of 
funeral service and changes "funeral service agreement" to "statement of funeral goods 
and services." 
The amendment removes reference to a person who refuses to take 
financial responsibility and adds authorization for a funeral director or practitioner of 
funeral services to act in the case of abandonment of the remains of a deceased person or 
a dead body. 
COMMITTEE AMENDMENT