An Act To Clarify the Authority for Cremation
Maine Legislature, Session 128, LD 0476
Committee: Health and Human Services
Sponsors: STANLEY, DAVIS, BLACK, COREY, HOGAN, SKOLFIELD, TUELL
Amends: 22 MRSA §2843-A

Legislative Document
No. 476
H.P. 339
House of Representatives, February 9, 2017
An Act To Clarify the Authority for Cremation
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STANLEY of Medway.
Cosponsored by Senator DAVIS of Piscataquis and
Representatives: BLACK of Wilton, COREY of Windham, HOGAN of Old Orchard Beach, 
SKOLFIELD of Weld, TUELL of East Machias.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2843-A, sub-§2, as amended by PL 2011, c. 387, §1, 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 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 subject refuses custody 
and control, custody and control belong to the next of kin; and 
C.  If the next of kin is 2 or more persons with the same relationship to the subject, 
the majority of the 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 
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 or cremate 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. 
SUMMARY 
This bill clarifies that a funeral director or practitioner of funeral service with custody 
of abandoned remains or an abandoned dead body has the option to bury or cremate those 
remains or that dead body.