HB367 Alabama 2010 Session

Summary

Primary Sponsor

Jeff McLaughlin

Democrat

Session

Regular Session 2010

Title

Funerals, authorizing agents, priority to person designated on Department of Defense Record of Emergency Data form completed by persons serving on active duty in any branch of U.S. Armed Forces, U.S. Reserve Forces, or National Guard, Sec. 34-13-11 am'd.

Summary

HB367 changes who has the authority to approve a decedent's final disposition by prioritizing the military ROTEM-designated person and detailing the order of who may act, with new cremation consent rules.

What This Bill Does

It places the person named on the Department of Defense Record of Emergency Data form (for someone who died while serving) at the top of the list to authorize disposition. If no ROTEM-designated person is available, it spells out a clear priority: the spouse, surviving children, surviving parents, surviving siblings, anyone named in signed instructions (like pre-need contracts or cremation forms), executors or estate representatives, next of kin under descent laws, public administrators for indigents, and finally any willing person. The bill adds cremation-specific rules, requiring required consents from co-survivors and allowing legal documentation if a survivor cannot be notified; it also stops cremation if there is a written objection unless the objection is withdrawn or a court orders otherwise.

Who It Affects

• Military service members and their families, by establishing a top-priority authorizing agent (the ROTEM-designated person) for disposition when the decedent died in service.
• Surviving spouses, children, parents, and siblings of military decedents, who may become or influence the authorizing agent depending on the priority and cremation rules.
• Executors or legal representatives, and individuals named in pre-need contracts, cremation forms, or wills, who may serve as authorizing agents under the new priority.
• Public officials (such as public administrators) and funeral professionals, particularly in cases involving indigent decedents or cremation decisions, where special provisions apply.
• General public who could be affected by who can authorize disposition in absence of a designated or eligible person.

Key Provisions

• Priority for authorizing disposition is given to the person designated on the DoD Record of Emergency Data (DD Form 93 or successor) if the decedent died while serving on active duty, in the Reserves, or in the National Guard.
• If no ROTEM-designated person is available, the order of authority continues with: spouse, surviving children, surviving parents, surviving siblings, anyone named in signed instructions (preneed contracts or cremation forms), executor/legal representative, next of kin by descent laws, indigents/public officials, and any willing person.
• For cremations, specific consent rules apply: a surviving child, parent, or sibling must provide consent via affidavit when multiple potential agents exist; if a survivor cannot be notified, others may designate an agent with proper legal documentation; written objections to cremation must be withdrawn or overridden by a court for cremation to proceed.
• In the absence or refusal of any listed person, a public administrator or other public official or any willing person may assume the role of authorizing agent.
• Effective date: the act becomes law on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Funerals