Vermont § 9712 - Obligations of funeral directors, crematory operators, cemetery officials, procurement organizations, and individuals appointed to arrange for the disposition of the principal’s remains

§ 9712. Obligations of funeral directors, crematory operators, cemetery officials, procurement organizations, and individuals appointed to arrange for the disposition of the principal’s remains

• (a) An individual appointed to arrange for the disposition of the principal’s remains
  shall make those decisions based upon the principal’s specific instructions contained
  in an advance directive or pre-need contract entered into with a funeral director,
  crematory operator, or cemetery official, or, if there are no such instructions, in
  accordance with the principal’s wishes expressed orally or the knowledge of the agent
  or guardian of the principal’s values or religious or moral beliefs. (b) Any funeral director, crematory operator, or cemetery official having knowledge of
  a principal’s advance directive shall follow the advance directive and any instructions
  of the individual appointed in an advance directive to arrange for the disposition
  of the principal’s remains, except: (1) if any instruction would cause the director, operator, or official to violate the
  standards of professional conduct required by a professional licensing board or agency
  or any criminal law, the director, operator, or official shall notify the individual
  appointed that the director, operator, or official cannot follow the instruction;
  or (2) if the principal’s estate is without sufficient funds to dispose of the remains or
  provide funeral goods and services in accordance with the advance directive, the disposition
  shall occur in a manner approximating the principal’s wishes to the extent it is financially
  possible. (c) Any procurement organization having knowledge of a principal’s advance directive shall
  follow the advance directive and any instructions of the individual appointed in the
  advance directive to arrange for the recovery of the principal’s anatomical gifts
  unless the procurement organization determines such gifts are unsuitable for the purposes
  for which they are made or if recovery of such gifts would cause the procurement organization
  to violate standards of professional conduct or any applicable regulation or law. (d) Every funeral director, crematory operator, cemetery official, and procurement organization
  shall develop systems: (1) to ensure that a principal’s advance directive is promptly available when services
  are to be provided, including that the existence of an advance directive is prominently
  noted on any file jacket or folder, and that a note is entered into any electronic
  database of the director, operator, official, or organization; and (2) within 120 days after the Commissioner’s announcing the availability of the registry,
  to ensure that the director, operator, official, or organization checks the registry
  at the time services are to be provided to determine whether the decedent has an advance
  directive. (e) In the event the principal’s instructions in an advance directive regarding disposition
  of remains or for funeral goods and services are in apparent conflict with a contract
  entered into by the principal for the disposition of remains, funeral goods, or services,
  the most recent document created by the principal shall be followed to the extent
  of the conflict. Nothing in this subsection shall be construed as limiting any other
  available remedies. (Added 2005, No. 55, § 1, eff. Sept. 1, 2005; amended 2005, No. 215 (Adj. Sess.), § 335; 2023, No. 6, § 246, eff. July 1, 2023.)