09 LC 28
4485
House
Bill 257
By:
Representatives Bearden of the
68th,
Levitas of the
82nd,
Powell of the
29th,
and Ralston of the
7th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia
Annotated, relating to general provisions concerning dead bodies, so as to
provide that a person may execute a preneed authorization for cremation; to
provide for the method of preparing and executing such authorization; to provide
for the revocation of such authorization under certain circumstances; to provide
for the fulfillment of such authorization and disposition instructions; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating
to general provisions concerning dead bodies, is amended by adding a new Code
section to read as follows:
"31-21-7.
(a)
A person shall have the right to execute a preneed authorization for the
cremation of his or her body at death and provide for the final disposition of
his or her cremated remains. Such authorization and directions for disposition
shall be in writing under oath and shall be delivered to the funeral
establishment with whom the person has made arrangements for the disposition of
his or her remains or the crematory designated by such person to perform the
cremation.
(b)
A preneed authorization for cremation may be revoked by a person at any time by
providing written notice of such revocation to the funeral establishment with
whom the person has made arrangements for the disposition of his or her remains
or the designated crematory.
(c)
Upon the death of a person who has executed a preneed authorization for the
cremation of his or her body at death, the funeral establishment or the
crematory in possession of such person's preneed cremation authorization shall
make arrangements with the individual in possession of such person's body to
ensure that such authorization for cremation is carried out in accordance with
such person's directions. The funeral establishment and designated crematory
shall cremate the remains of such person and dispose of the cremated remains
according to the instructions contained in the preneed authorization for
cremation of such person, provided that the funeral establishment and designated
crematory have all required permits and certificates required by law to perform
such cremation and disposition of cremated remains.
(d)
A preneed authorization for cremation arranged with a licensed funeral
establishment and crematory shall specify the final disposition of the cremated
remains in accordance with law. If no different or inconsistent instructions
are provided to the funeral establishment or the crematory by the individual
responsible for the disposition of the person's body who executed a preneed
authorization for cremation, the crematory shall release or dispose of the
cremated remains as directed in the preneed authorization for
cremation.
(e)
A preneed authorization for cremation shall not be subject to revocation
following the death of the person who executed such authorization, and the
instructions concerning the cremation and disposition of such person's remains
shall be complied with unless full payment for the cremation and disposition of
the remains has not been received or
guaranteed."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.