Article on One Last Request: Understanding Michigan’s Funeral Representative Law
Susan M. Strunk published a Note entitled, One Last Request: Understanding Michigan’s Funeral Representative Law, 63 Wayne L. Rev. 729-750 (2018). Provided below is an abstract of the Note.
Most people give some thought to what they want to happen to their remains when they die. The discourse around death indicates that most people assume that everyone has at least a right to direct the disposition of their body.
Michigan Public Act 57 of 2016 enables a person declarant to designate a funeral representative designee who is then entrusted with the authority to make decisions about funeral arrangements and the handling, disposition, or disinterment of the declarant’s body after death. “This would include, but is not limited to, decisions about cremation, and the right to possess cremated remains of the decedent.”
This Note contains a survey of ancient rituals concerning bodily disposition and religious practices. These historical trends developed a foundation for present practices and attitudes towards death, bioethics, and anatomical gifts. Michigan’s funeral representative law offers greater autonomous freedom of disposition than the previously controlling Michigan law by providing individuals with peace of mind that a person they choose will take care of their final wishes. While the new law is a step in the right direction, this Note identifies points of the law which remain imprecise, offers solutions, and calls for reform. For example, it is unclear what fiduciary obligations a funeral agent owes and to whom those rights are entrusted. This Note also suggests the Michigan Legislature adopt certain provisions from other states’ disposition laws. Other states address practical questions, such as: whether written instructions from decedent need to be followed; whether the decedent’s wishes are financially reasonable; and whether decedent should only be allowed to leave instructions if decedent pre-paid for the requested funeral arrangements.