Vermont § 5227 - Right to disposition

§ 5227. Right to disposition

• (a) If there is no written directive of the decedent, in the following order of priority,
  one or more competent adults shall have the right to determine the disposition of
  the remains of a decedent, including the location, manner, and conditions of disposition
  and arrangements for funeral goods and services: (1) an individual appointed to arrange for the disposition of decedent’s remains pursuant
  to chapter 231 (advance directives) of this title; (2) a surviving spouse of the decedent; (3) a sole surviving child of the decedent or a majority of the surviving children, except
  as provided for in subdivision (b)(1) of this section, provided that if the child
  is a minor, his or her interest may only be effected by a legal guardian appointed
  by the Probate Division of the Superior Court; (4) in the case of a minor or a disabled adult, the custodial parent or the parent who
  had been providing the primary physical care of the decedent or, if not applicable,
  a sole surviving parent, or both parents, of the decedent, or either parent as provided
  for in subdivision (b)(2) of this section; (5) a sole surviving sibling of the decedent or a majority of the surviving siblings,
  except as provided for in subdivision (b)(3) of this section; (6) any other family member, in descending order of kinship under the laws of descent
  and distribution, except that if there is more than one family member of the same
  degree of relation, a majority of family members of that degree, except as provided
  in subdivision (b)(4) of this section, may exercise the right of disposition; (7) a guardian of the decedent at the time of death; (8) any other individual willing to assume the responsibilities to act and arrange the
  final disposition of the decedent’s remains, including the representative of the decedent’s
  estate, after attesting in writing that a good faith but unsuccessful effort has been
  made to contact the individuals described in subdivisions (1) through (7) of this
  subsection or that those individuals have waived any interest in exercising their
  rights under this subchapter; (9) the funeral director or disposition facility operator with custody of the body, after
  attesting in writing that a good faith effort has been made to contact the individuals
  described in subdivisions (1) through (8) of this subsection; or (10) the Office of the Chief Medical Examiner when it has jurisdiction and custody of the
  body, after attesting in writing that a good faith effort has been made to contact
  the individuals described in subdivisions (1) through (8) of this subsection. (b)(1) If there is more than one surviving child of the decedent and a majority of the children
  is unable to be contacted, less than a majority of the surviving children may make
  the decisions if they have made prompt, reasonable efforts to contact all other surviving
  children and prompt efforts to notify them of the proposed decisions, and do not know
  of any opposition to those decisions. (2) If one parent is unable to be contacted, the remaining parent may make the decisions
  if that parent has made prompt, reasonable efforts to contact the other parent and
  is not aware of any opposition by the other parent to those decisions. (3) If there is more than one surviving sibling of the decedent and a majority of the
  siblings is unable to be contacted, less than a majority of the surviving siblings
  may make the decisions if they have made prompt, reasonable efforts to contact all
  other surviving siblings and prompt efforts to notify them of the proposed decisions,
  and do not know of any opposition to those decisions. (4) If there is more than one family member in the highest applicable order of kinship
  under the laws of descent and distribution and a majority of these family members
  is unable to be contacted, less than a majority of the surviving family members in
  this order may make the decisions if they have made prompt, reasonable efforts to
  contact all other surviving family members in this order and prompt efforts to notify
  them of the proposed decisions, and do not know of any opposition to those decisions. (c)(1) If the disposition of the remains of a decedent is determined under subdivision (a)(9)
  of this section and the funeral director or disposition facility operator has cremated
  or processed the remains, as applicable, the funeral director or disposition facility
  operator shall retain the remains for three years and, if no interested party as provided
  in subdivisions (a)(1) through (8) of this section claims the decedent’s remains after
  three years, the funeral director or disposition facility operator shall arrange for
  the permanent disposition of the remains consistent with any applicable law and standard
  funeral practices. (2) Notwithstanding any provision of subdivision (1) of this subsection to the contrary,
  a funeral director or disposition facility operator may determine that the unclaimed
  remains of a deceased veteran shall be interred at the Vermont Veterans Memorial Cemetery
  pursuant to 20 V.S.A. § 1586 if: (A) at least 180 days have passed since the funeral director or disposition facility operator
  cremated or processed the remains; (B) the funeral director or disposition facility operator either: (i) has actual knowledge that there is no interested party as provided in subdivisions
  (a)(1) through (8) of this section to claim the decedent’s remains; or (ii) after making reasonable efforts, has been unable to locate and contact any known interested
  party as provided in subdivisions (a)(1) through (8) of this section; and (C) the funeral director or disposition facility operator has confirmed with the Office
  of Veterans Affairs that the deceased veteran is eligible to be interred at the Vermont
  Veterans Memorial Cemetery. (d)(1) If the disposition of the remains of a decedent is determined under subdivision (a)(10)
  of this section, the Office of the Chief Medical Examiner may contract with a funeral
  director or disposition facility operator to cremate the remains of the decedent. (2)(A) If the cremation of the decedent is arranged and paid for under 33 V.S.A. § 2301, the Department for Children and Families shall pay the cremation expenses to the
  funeral home, up to the maximum payment permitted by rule by the Department for Children
  and Families. (B) If the cremation of the decedent is not arranged and paid for under 33 V.S.A. § 2301, the Department of Health shall pay the cremation expenses to the funeral home, up
  to the maximum payment permitted by rule by the Department for Children and Families. (3) The cremated remains shall be returned to the Office of the Chief Medical Examiner.
  The Office shall retain the remains for three years, and if no interested party, as
  described in subdivisions (a)(1) through (8) of this section, claims the decedent’s
  remains after three years, the Office shall arrange for the permanent disposition
  of the cremated remains consistent with any applicable law and standard funeral practices. (4) Notwithstanding any provision of subdivision (3) of this subsection to the contrary,
  the Office of the Chief Medical Examiner may determine that the unclaimed cremated
  remains of a deceased veteran shall be interred at the Vermont Veterans Memorial Cemetery
  pursuant to 20 V.S.A. § 1586 if: (A) at least 180 days have passed since the remains were cremated; (B) the Office of the Chief Medical Examiner either: (i) has actual knowledge that there is no interested party as provided in subdivisions
  (a)(1) through (8) of this section to claim the decedent’s remains; or (ii) after making reasonable efforts, has been unable to locate and contact any known interested
  party as provided in subdivisions (a)(1) through (8) of this section; and (C) the Office of the Chief Medical Examiner has confirmed with the Office of Veterans
  Affairs that the deceased veteran is eligible to be interred at the Vermont Veterans
  Memorial Cemetery. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 32, § 2; 2015, No. 23, § 45; 2019, No. 9, § 2 eff. April 23, 2019; 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)