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Musser Supports "Final Acts Rights" |
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MADISON …….Under current law when faced with the death of a loved one, family members must work together to agree on funeral arrangements for the deceased. According to State Representative Terry Musser (R-Melrose) family members may have differing opinions and ultimately the wishes of the decedent may not be carried out.
The Final Rights Act, if approved by the legislature, will afford people the opportunity to control their own funeral arrangements and determine the disposition of their remains upon death.
Musser, who supported the bill as a member of the Assembly State Affairs Committee, explained that the bill will authorize an individual of sound mind who is 18 years of age or older to execute a written witnessed document, termed an “authorization for final disposition”. This document may express the special directions and instructions concerning religious observances and any source of funds to be used for disposition of their body. It can also include directions for cremation, burial or other disposition, or donation of the body. It may include arrangements for a viewing, a funeral ceremony or memorial service, graveside service or other last rites.
Although an individual may have made arrangements for their funeral with a funeral home, Assembly Bill 305 allows for the creation of a legally binding document. If the directions in the document exceed estate resources, are unlawful or compliance is unrealistic there may be exceptions.
Musser stated that it allows one to appoint a person as representative to ensure that their wishes are carried out upon death. If no representative is named, a priority list of those authorized is included within the bill along with a procedure for resolving disputes should one arise.
A standardized form will be created but using it will remain optional. The authorization must be witnessed by two people or a notary public.
Musser pointed out that a fine of not more than $500 or imprisonment for not more than 30 days may occur if the authorization is concealed or defaced.
More than half the states already have similar statutes in place. This bill will allow an individual to make decisions in advance and know their final wishes must be carried out. Families and loved ones will be relieved of making difficult decisions and resolving personal views. Assembly bill 305 is scheduled for vote in the Assembly on Tuesday, October
Representative Musser welcomes your views on this or any state issue and may be contacted at State Capitol - Room 11 West, Madison WI 53702, 1-888-534-0092 or
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