SB-0551, As Passed Senate, March 17, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 551

A bill to amend 1998 PA 386, entitled

"Estates and protected individuals code,"

by amending sections 1104, 2801, 2803, 2807, 3206, 3207, 3209,

3614, and 3701 (MCL 700.1104, 700.2801, 700.2803, 700.2807,

700.3206, 700.3207, 700.3209, 700.3614, and 700.3701), section 1104

as amended by 2009 PA 46, section 2803 as amended by 2012 PA 173,

section 2807 as amended by 2000 PA 54, sections 3206 and 3209 as

amended by 2012 PA 63, section 3207 as amended by 2010 PA 325, and

sections 3614 and 3701 as amended by 2006 PA 299, and by adding

sections 3206a and 3206b; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1104. As used in this act:

(a) "Environmental law" means a federal, state, or local law,

rule, regulation, or ordinance that relates to the protection of

the environment or human health.

(b) "Estate" includes the property of the decedent, trust, or

other person whose affairs are subject to this act as the property

is originally constituted and as it exists throughout

administration. Estate also includes the rights described in

sections 3805, 3922, and 7606 to collect from others amounts

necessary to pay claims, allowances, and taxes.

that is described in section 2404.

(d) "Family allowance" means the allowance prescribed in

section 2403.

(e) "Fiduciary" includes, but is not limited to, a personal

representative, funeral representative, guardian, conservator,

trustee, plenary guardian, partial guardian, and successor

fiduciary.

(f) "Financial institution" means an organization authorized

to do business under state or federal laws relating to a financial

institution and includes, but is not limited to, a bank, trust

company, savings bank, building and loan association, savings and

loan company or association, credit union, insurance company, and

entity that offers mutual fund, securities brokerage, money market,

or retail investment accounts.

(g) "Foreign personal representative" means a personal

representative appointed by another jurisdiction.

(h) "Formal proceedings" means proceedings conducted before a

judge with notice to interested persons.

(i) "Funeral establishment" means that term as defined in

section 1801 of the occupational code, 1980 PA 299, MCL 339.1801,

and the owners, employees, and agents of the funeral establishment.

(j) "Funeral representative" means an individual designated to

have the right and power to make decisions about funeral

arrangements and the handling, disposition, or disinterment of a

decedent's body, including, but not limited to, decisions about

cremation, and the right to possess cremated remains of the

decedent as provided in section 3206.

(k) "Funeral representative designation" means a written

document executed and with the effect as described in sections 3206

to 3206b.

(l) ~~(j)~~ "General personal representative" means a personal

representative other than a special personal representative.

(m) ~~(k)~~ "Governing instrument" means a deed; will; trust;

funeral representative designation; insurance or annuity policy;

account with POD designation; security registered in beneficiary

form (TOD); pension, profit-sharing, retirement, or similar benefit

plan; instrument creating or exercising a power of appointment or a

power of attorney; or dispositive, appointive, or nominative

instrument of any similar type.

(n) (l) "Guardian" means a person who has qualified as a

guardian of a minor or a legally incapacitated individual under a

parental or spousal nomination or a court appointment and includes

a limited guardian as described in sections 5205, 5206, and 5306.

Guardian does not include a guardian ad litem.

(o) ~~(m)~~ "Hazardous substance" means a substance defined as

hazardous or toxic or otherwise regulated by an environmental law.

(p) ~~(n)~~ "Heir" means, except as controlled by section 2720, a

person, including the surviving spouse or the state, that is

entitled under the statutes of intestate succession to a decedent's

property.

(q) ~~(o)~~ "Homestead allowance" means the allowance prescribed

in section 2402.

Sec. 2801. (1) An individual who is divorced from the decedent

or whose marriage to the decedent has been annulled is not a

surviving spouse unless, by virtue of a subsequent marriage, he or

she is married to the decedent at the time of death. A decree of

separation that does not terminate the status of husband and wife

is not a divorce for purposes of this section.

(2) For purposes of parts 1 to 4 of this article and of

section 3203, a surviving spouse does not include any of the

following:

(a) An individual who obtains or consents to a final decree or

judgment of divorce from the decedent or an annulment of their

marriage, which decree or judgment is not recognized as valid in

this state, unless they subsequently participate in a marriage

ceremony purporting to marry each to the other or live together as

husband and wife.

(b) An individual who, following an invalid decree or judgment

of divorce or annulment obtained by the decedent, participates in a

marriage ceremony with a third individual.

concluded by an order purporting to terminate all marital property

rights.

(d) An individual who, at the time of the decedent's death, is

living in a bigamous relationship with another individual.

(e) An individual who did any of the following for 1 year or

more before the death of the deceased person:

(i) Was willfully absent from the decedent spouse.

(ii) Deserted the decedent spouse.

(iii) Willfully neglected or refused to provide support for

the decedent spouse if required to do so by law.

(3) For purposes of section 3206, a surviving spouse does not

include either of the following:

(a) An individual described in subsection (2).

(b) An individual who is a party to a divorce or annulment

proceeding with the decedent at the time of the decedent's death.

Sec. 2803. (1) An individual who feloniously and intentionally

kills or who is convicted of committing abuse, neglect, or

exploitation with respect to the decedent forfeits all benefits

under this article with respect to the decedent's estate, including

an intestate share, an elective share, an omitted spouse's or

child's share, a homestead allowance, a family allowance, and

exempt property. If the decedent died intestate, the decedent's

intestate estate passes as if the killer or felon disclaimed his or

her intestate share.

(2) The felonious and intentional killing or the conviction of

the felon for the abuse, neglect, or exploitation of the decedent

does all of the following:

(a) Revokes all of the following that are revocable:

(i) Disposition or appointment of property made by the

decedent to the killer or felon in a governing instrument.

(ii) Provision in a governing instrument conferring a general

or nongeneral power of appointment on the killer or felon.

(iii) Nomination of the killer or felon in a governing

instrument, nominating or appointing the killer or felon to serve

in a fiduciary or representative capacity, including a personal

representative, executor, funeral representative, trustee, or

agent.

(b) Severs the interests of the decedent and killer or felon

in property held by them at the time of the killing, abuse,

neglect, or exploitation as joint tenants with the right of

survivorship, transforming the interests of the decedent and killer

or felon into tenancies in common.

section 3206(1).

(3) A severance under subsection (2)(b) does not affect a

third party interest in property acquired for value and in good

faith reliance on an apparent title by survivorship in the killer

or felon unless a writing declaring the severance has been noted,

registered, filed, or recorded in records appropriate to the kind

and location of the property that are relied ~~upon,~~ on, in the

ordinary course of transactions involving that type of property, as

evidence of ownership.

(4) A provision of a governing instrument is given effect as

if the killer or felon disclaimed all provisions revoked by this

section or, ~~in the case of~~ for a revoked nomination in a fiduciary

or representative capacity, as if the killer or felon predeceased

the decedent.

(5) A killer's or felon's wrongful acquisition of property or

interest not covered by this section ~~shall~~ must be treated in

accordance with the principle that a killer or felon cannot profit

from his or her wrong.

(6) After all right to appeal has been exhausted, a judgment

of conviction establishing criminal accountability for the

felonious and intentional killing or the abuse, neglect, or

exploitation of the decedent conclusively establishes the convicted

individual as the decedent's killer or as a felon, as applicable,

for purposes of this section. With respect to a claim of felonious

and intentional killing, in the absence of a conviction, the court,

~~upon~~ on the petition of an interested person, shall determine

whether, under the preponderance of evidence standard, the

individual would be found criminally accountable for the felonious

and intentional killing of the decedent. If the court determines

that, under that standard, the individual would be found criminally

accountable for the felonious and intentional killing of the

decedent, the determination conclusively establishes ~~that~~ the

individual as the decedent's killer for purposes of this section.

(7) This section does not apply if the forfeiture, revocation,

or severance would occur because of abuse, neglect, or exploitation

and the decedent executed a governing instrument after the date of

the conviction expressing a specific intent to allow the felon to

inherit or otherwise receive the estate or property of the

decedent.

Sec. 2807. (1) Except as provided by the express terms of a

governing instrument, court order, or contract relating to the

division of the marital estate made between the divorced

individuals before or after the marriage, divorce, or annulment,

the divorce or annulment of a marriage does all of the following:

(a) Revokes all of the following that are revocable:

(i) A disposition or appointment of property made by a

divorced individual to his or her former spouse in a governing

instrument and a disposition or appointment created by law or in a

governing instrument to a relative of the divorced individual's

former spouse.

(ii) A provision in a governing instrument conferring a

general or nongeneral power of appointment on the divorced

individual's former spouse or on a relative of the divorced

individual's former spouse.

(iii) A nomination in a governing instrument, nominating a

divorced individual's former spouse or a relative of the divorced

individual's former spouse to serve in a fiduciary or

representative capacity, including, but not limited to, a personal

representative, executor, funeral representative, trustee,

conservator, agent, or guardian.

(b) Severs the interests of the former spouses in property

held by them at the time of the divorce or annulment as joint

tenants with the right of survivorship, transforming the interests

of the former spouses into tenancies in common.

section 3206(1).

(2) A severance under subsection (1)(b) does not affect a

third-party interest in property acquired for value and in good

faith reliance on an apparent title by survivorship in the survivor

of the former spouses unless a writing declaring the severance has

been noted, registered, filed, or recorded in records appropriate

to the kind and location of the property that are relied ~~upon,~~ on,

in the ordinary course of transactions involving that type of

property, as evidence of ownership.

(3) Each provision of a governing instrument is given effect

as if the former spouse and relatives of the former spouse

disclaimed all provisions revoked by this section or, ~~in the case~~

of for a revoked nomination in a fiduciary or representative

capacity, as if the former spouse and relatives of the former

spouse died immediately before the divorce or annulment.

(4) Each provision revoked solely by this section is revived

by the divorced individual's remarriage to the former spouse or by

a nullification of the divorce or annulment.

(5) No change of circumstances other than as described in this

section and in sections 2803 to 2805, 2808, and 2809 causes a

revocation.

Sec. 3206. (1) Subject to 1953 PA 181, MCL 52.201 to 52.216,

part 28 and article 10 of the public health code, 1978 PA 368, MCL

333.2801 to 333.2899 and 333.10101 to 333.11101, and subsection

~~(11),~~ (12), a funeral representative designated under subsection

(2), a person with priority under subsections ~~(2) to (4)~~ (3) to (5)

or a person acting under subsection ~~(5),~~ (6), (7), or (8), or (9)

is presumed to have the right and power to make decisions about

funeral arrangements and the handling, disposition, or disinterment

of a decedent's body, including, but not limited to, decisions

about cremation, and the right to retrieve from the funeral

establishment and possess cremated remains of the decedent

immediately after cremation. The handling, disposition, or

disinterment of a body ~~shall~~ must be under the supervision of a

person licensed to practice mortuary science in this state.

(2) Except as otherwise provided in this subsection and

subject to the priority in subsection (3), an individual 18 years

of age or older who is of sound mind at the time a funeral

representative designation is made may designate in writing another

individual who is 18 years of age or older and who is of sound mind

to have the rights and powers under subsection (1). All of the

following apply to a funeral representative designation under this

subsection:

(a) For purposes of this section and sections 3206a and 3206b,

an individual who is named in a funeral representative designation

to have the rights and powers described in subsection (1) is known

as a funeral representative and an individual who makes a funeral

representative designation is known as a declarant.

(b) A funeral representative designation under this subsection

must be in writing, dated, and signed voluntarily by the declarant

or signed by a notary public on the declarant's behalf under

section 33 of the Michigan notary public act, 2003 PA 238, MCL

55.293. A funeral representative designation may be included in the

declarant's will, patient advocate designation, or other writing.

If a funeral representative designation is contained in an

individual's will, the will is not required to be admitted to

probate for the funeral representative designation to be valid. A

funeral representative designation must be 1 or both of the

following:

(i) Signed in the presence of and signed by 2 witnesses. A

witness under this section may not be the funeral representative or

an individual described in subdivision (c)(ii) to (iv). A witness

shall not sign the funeral representative designation unless the

declarant appears to be of sound mind and under no duress, fraud,

or undue influence.

(ii) Acknowledged by the declarant before a notary public, who

endorses on the funeral representative designation a certificate of

the acknowledgment and the true date of taking the acknowledgment.

representative for the declarant unless the individual is the

surviving spouse or is a relative of the declarant:

(i) An officer, partner, member, shareholder, owner,

representative, or employee of a funeral establishment that will

provide services to the declarant.

(ii) A health professional, or an employee of or volunteer at

a health facility or veterans facility, who provided medical

treatment or nursing care to the declarant during the final illness

or immediately before the declarant's death, or a partner, member,

shareholder, owner, or representative of the health facility where

medical treatment or nursing care was provided.

(iii) An officer, partner, member, shareholder, owner,

representative, or employee of a cemetery at which the declarant's

body will be interred, entombed, or inurned.

(iv) An officer, partner, member, shareholder, owner,

representative, or employee of a crematory that will provide the

declarant's cremation services.

(3) ~~(2)~~ The following have the rights and powers under

subsection (1) in the following order of priority:

(a) If the decedent was a service member at the time of the

decedent's death, a person designated to direct the disposition of

the service member's remains according to a statute of the United

States or regulation, policy, directive, or instruction of the

Department of Defense.

(b) A funeral representative designated under subsection (2).

~~the~~

(d) Subject to subdivision (e), the individual or individuals

18 years of age or older ~~, in the highest order of priority under~~

~~section 2103, and related to the decedent in the closest degree of~~

~~consanguinity, have the rights and powers under subsection (1).~~in

the following order of priority:

(i) The decedent's children.

(ii) The decedent's grandchildren.

(iii) The decedent's parents.

(iv) The decedent's grandparents.

(v) The decedent's siblings.

(vi) A descendant of the decedent's parents who first notifies

the funeral establishment in possession of the decedent's body of

the descendant's decision to exercise his or her rights under

subsection (1).

(vii) A descendant of the decedent's grandparents who first

notifies the funeral establishment in possession of the decedent's

body of the descendant's decision to exercise his or her rights

under subsection (1).

(e) If an individual described in subdivision (d) had the

right to dispose of the decedent's body under subsection (1), but

affirmatively declined to exercise his or her right or failed to

exercise his or her right within 48 hours after receiving

notification of the decedent's death, the individual does not have

the right to make a decision about the disinterment of the

decedent's body or possession of the decedent's cremated remains.

(4) ~~(3) If the surviving spouse or~~ If the individual or

individuals with the highest priority as determined under

subsection ~~(2) do not exercise their rights or powers under~~

~~subsection (1) or~~ (3) cannot be located after a good-faith effort

to contact and inform them of the decedent's death, affirmatively

decline to exercise their rights or powers under subsection (1), or

fail to exercise their rights or powers under subsection (1) within

48 hours after receiving notification of the decedent's death, the

rights and powers under subsection (1) may be exercised by the

individual or individuals in the same order of priority under

~~section 2103 who are related to the decedent in the next closest~~

~~degree of consanguinity.~~ subsection (3). If the individual or each

of the individuals in an order of priority as determined under this

subsection similarly ~~does not~~ affirmatively declines or fails to

exercise his or her rights or powers within 48 hours after

receiving notification that he or she may act under this subsection

or cannot be located, the rights or powers under subsection (1)

pass to the next order of priority ~~, with the order of priority~~

~~being determined by first taking the individuals in the highest~~

~~order of priority under section 2103 and then taking the~~

~~individuals related to the decedent in the closest or, as~~

~~applicable, next closest degree of consanguinity in that order of~~

~~priority.~~under subsection (3). For purposes of this subsection

only, "exercise their rights or powers under subsection (1)" means

notifying the funeral establishment in possession of the decedent's

body of an individual's decision to exercise his or her rights or

powers under subsection (1).

(5) ~~(4)~~ If 2 or more individuals share the rights and powers

described in subsection (1) as determined under subsection ~~(2) or~~

(3) or (4), the rights and powers shall be exercised as decided by

a majority of the individuals who can be located after reasonable

efforts. If a majority cannot agree, any of the individuals may

file a petition under section 3207.

(6) ~~(5)~~ If no individual described in subsections ~~(2) and~~ (3)

and (4) exists, exercises the rights or powers under subsection

(1), or can be located after a sufficient attempt as described in

subsection ~~(9),~~ (10), and if subsection ~~(6)~~ (7) does not apply,

then the personal representative or nominated personal

representative may exercise the rights and powers under subsection

(1), either before or after his or her appointment.

(7) ~~(6)~~ If no individual described in subsections ~~(2) and~~ (3)

and (4) exists, exercises the rights or powers under subsection

(1), or can be located after a sufficient attempt as described in

subsection ~~(9),~~ (10), and if the decedent was under a guardianship

at the time of death, the guardian may exercise the rights and

powers under subsection (1) and may make a claim for the

reimbursement of burial expenses as provided in section 5216 or

5315, as applicable.

(8) ~~(7)~~ If no individual described in subsections ~~(2) and~~ (3)

and (4) exists, exercises the rights or powers under subsection

(1), or can be located after a sufficient attempt as described in

subsection ~~(9),~~ (10), if the decedent died intestate, and if

subsection ~~(6)~~ (7) does not apply, a special fiduciary appointed

under section 1309 or a special personal representative appointed

under section 3614(c) may exercise the rights and powers under

subsection (1).

(9) ~~(8)~~ If there is no person under subsections ~~(2)~~ (3) to ~~(7)~~

(8) to exercise the rights and powers under subsection (1), 1 of

the following, as applicable, shall exercise the rights and powers

under subsection (1):

(a) Unless subdivision (b) applies, ~~the county public~~

~~administrator, if willing, or~~ the medical examiner for the county

where the decedent was domiciled at the time of his or her death.

(b) If the decedent was incarcerated in a state correctional

facility at the time of his or her death, the director of the

department of corrections or the designee of the director.

(10) ~~(9)~~ An attempt to locate a person described in subsection

~~(2) or~~ (3) or (4) is sufficient if a reasonable attempt is made in

good faith by a family member, personal representative, or

nominated personal representative of the decedent to contact the

person at his or her last known address, telephone number, or

electronic mail address.

(11) ~~(10)~~ This section does not void or otherwise affect an

anatomical gift made under part 101 of the public health code, 1978

PA 368, MCL 333.10101 to 333.10123.

~~(11) If all of the following apply, subsections (2) to (8) do~~

~~not apply and the designated person has the rights and the powers~~

~~under subsection (1):~~

~~(a) The decedent was a service member who designated a person~~

~~to direct disposition of the service member's remains according to~~

~~a statute of the United States or a regulation, policy, directive,~~

~~or instruction of the department of defense.~~

~~(b) The designated person is the surviving spouse, an adult~~

~~blood relative, or an adoptive relative of the decedent or, if the~~

~~surviving spouse, an adult blood relative, or an adoptive relative~~

~~of the decedent cannot be found, a person standing in loco~~

~~parentis.~~

~~(c) The designated person is able and willing to exercise the~~

~~rights and powers enumerated in subsection (1).~~

(12) An individual who has been criminally charged with the

intentional killing of the decedent shall not exercise a right

under subsection (1) while the charges are pending.

(13) Except as otherwise provided in this subsection, a person

who has the rights and powers under subsection (1) and who

exercises the right over the disposition of the decedent's body

must ensure payment for the costs of the disposition through a

trust, insurance, a commitment by another person, a prepaid

contract under the prepaid funeral and cemetery sales act, 1986 PA

255, MCL 328.211 to 328.235, or other effective and binding means.

To the extent payment is not ensured under this subsection, the

person described in this subsection is liable for the costs of the

disposition. This subsection does not apply to a person who

exercises the rights and powers under subsection (1) as provided in

subsection (8) or (9).

(14) ~~(12)~~ As used in this section:

(a) "Armed forces" means that term as defined in section 2 of

the veteran right to employment services act, 1994 PA 39, MCL

35.1092.

(b) "Health facility" means that term as defined in section

5653 of the public health code, 1978 PA 368, MCL 333.5653.

section 5883 of the public health code, 1978 PA 368, MCL 333.5883.

(d) "Medical treatment" means that term as defined in section

5653 of the public health code, 1978 PA 368, MCL 333.5653.

(e) ~~(b)~~ "Michigan ~~national guard"~~ National Guard" means that

term as defined in section 105 of the Michigan military act, 1967

PA 150, MCL 32.505.

(f) ~~(c)~~ "Nominated personal representative" means a person

nominated to act as personal representative in a will that the

nominated person reasonably believes to be the valid will of the

decedent.

(g) ~~(d)~~ "Service member" means a member of the armed forces, a

reserve branch of the armed forces, or the Michigan ~~national~~

~~guard.~~National Guard.

Sec. 3206a. (1) A declarant may designate in the funeral

representative designation a successor individual as a funeral

representative who may exercise the rights and powers described in

section 3206(1) if the first individual named as funeral

representative does not accept, is incapacitated, resigns, or is

removed.

(2) An individual designated a funeral representative accepts

the designation as funeral representative by signing an acceptance

of funeral representative, or by acting as the funeral

representative.

(3) The authority under a funeral representative designation

is exercisable by a funeral representative only after the death of

the declarant.

(4) Except as provided in the funeral representative

designation, a funeral representative shall not delegate his or her

powers to another individual.

(5) On request of the funeral establishment, the funeral

representative shall provide a copy of the funeral representative

designation to the funeral establishment.

Sec. 3206b. A funeral representative designation is revoked by

1 or more of the following:

(a) Unless a successor funeral representative has been

designated, any of the following:

(i) The funeral representative's resignation.

(ii) The funeral representative cannot be located after

reasonable efforts by the decedent's family or funeral

establishment.

(iii) The funeral representative refuses to act within 48

hours after receiving notice of the decedent's death.

(b) The declarant's revocation of the funeral representative

designation. The declarant's revocation of the funeral

representative designation must be in writing and signed in the

manner as provided in section 3206(2).

revokes the prior funeral representative designation either

expressly or by inconsistency.

Sec. 3207. (1) ~~If there is a disagreement as described in~~

~~section 3206(4) or if 1 or more of the individuals described in~~

~~section 3206(2) or (3) cannot be located, 1~~ One or more of the

following may petition the court to ~~determine who has the authority~~

~~to exercise the rights and powers under section 3206(1):~~resolve a

disagreement described in section 3206(5) or rebut the presumption

under section 3206(1):

(a) An individual with the rights and powers under section

3206(1).

(b) A funeral establishment that has custody of the decedent's

body.

section 3206(3) to (5) or acting under section 3206(6), (7), (8),

or (9).

(2) Venue for a petition filed under subsection (1) is in the

county in which the decedent was domiciled at the time of death.

(3) On receipt of a petition under this section, the court

shall set a date for a hearing on the petition. The hearing date

~~shall~~ must be as soon as possible, but not later than 7 business

days after the date the petition is filed. Notice of the petition

and the hearing ~~shall~~ must be served not less than 2 days before

the date of the hearing on every individual who has highest

priority as determined under section ~~3206(2) and (3),~~ 3206(3) and

(4), unless the court orders that service on every such individual

is not required. Unless an individual cannot be located after a

reasonable good-faith effort has been made to contact the

individual, service ~~shall~~ must be made on the individual personally

or in a manner reasonably designed to give the individual notice.

Notice of the hearing ~~shall~~ must include notice of the individual's

right to appear at the hearing. An individual served with notice of

the hearing may waive his or her rights. If written waivers from

all persons entitled to notice are filed, the court may immediately

hear the petition. The court may waive or modify the notice and

hearing requirements of this subsection if the decedent's body must

be disposed of promptly to accommodate the religious beliefs of the

decedent or his or her next of kin.

(4) If a funeral establishment is the petitioner under this

section, the funeral establishment's actual costs and reasonable

attorney fees in bringing the proceeding ~~shall~~ must be included in

the reasonable funeral and burial expenses under section 3805(1)(b)

or the court may assess such costs and fees against 1 or more

parties or intervenors.

(5) In deciding a petition brought under this section, the

court shall consider all of the following, in addition to other

relevant factors:

(a) The reasonableness and practicality of the funeral

arrangements or the handling or disposition of the body proposed by

the person bringing the action in comparison with the funeral

arrangements or the handling or disposition of the body proposed by

1 or more individuals with the rights and powers under section

3206(1).

(b) The nature of the personal relationship to the deceased of

the person bringing the action compared to other individuals with

the rights and powers under section 3206(1).

and able to pay the costs of the funeral arrangements or the

handling or disposition of the body.

(d) Whether the decedent executed a funeral representative

designation under section 3206(2) or a designation described in

section 3206(3)(a).

(e) If the decedent was married at the time of his or her

death, whether the decedent's spouse was physically and emotionally

separated from the decedent at the time of his or her death and had

been separated for a period of time that clearly demonstrates an

absence of due affection, trust, and regard between the spouse and

the decedent.

(6) Before the court makes a decision under subsection (5),

and if refrigeration is not reasonably available, the funeral

establishment that has custody of the decedent's body may embalm

the decedent's body.

Sec. 3209. (1) A funeral establishment is not required to file

a petition under section 3207 and is not civilly liable for not

~~doing so.~~filing a petition under section 3207.

(2) ~~The~~ A funeral establishment, cemetery, or crematory may

rely on the designation of a funeral representative under section

3206(2), the designation of a person as described in section

~~3206(11) or~~ 3206(3)(a), the order of priority determined under

section ~~3206(2) and (3) may be relied upon by a funeral~~

~~establishment.~~ 3206(3) and (4), or a court order under section 3207

that determines who may exercise the rights and powers under

section 3206(1). A funeral establishment, cemetery, or crematory is

not a guarantor that a person exercising the rights and powers

under section 3206(1) has the legal authority to ~~do so.~~ exercise

those rights and powers. A cemetery or crematory may rely on a

funeral establishment's representation as to who may exercise the

rights and powers under section 3206(1). A funeral establishment,

cemetery, or crematory does not have the responsibility to contact

or independently investigate the existence of relatives of the

deceased, but may rely on information provided by family members of

the deceased or by a person other than a family member that the

funeral establishment, cemetery, or crematory reasonably believes

knows the existence or location of the relatives of the deceased or

the funeral representative. As used in this subsection,

"information" includes, but is not limited to, an affirmation that

reasonable efforts to contact the individual or individuals with

the rights and powers under section 3601(1) and to inform the

individual or individuals of the death have been made without

success.

(3) A funeral establishment, holder of a license to practice

mortuary science issued by this state, cemetery, or crematory, or

an officer or employee of a funeral establishment, holder of a

license to practice mortuary science issued by this state,

cemetery, or crematory may rely on ~~the terms of~~ sections 3206 and

3207 and this section and the instructions of a person described in

section 3206(2) to ~~(8) or (11), or of an individual determined in~~

~~an action under section 3208 to be the party to exercise the rights~~

~~and powers under section 3206(1),~~ (9) or a person that the court

determines under section 3207 has rights and powers under section

3206(1) regarding funeral arrangements and the handling,

disposition, or disinterment of a body and is not civilly liable to

any person for the reliance if the reliance was in good faith.

Sec. 3614. A special personal representative may be appointed

in any of the following circumstances:

(a) Informally by the register on the application of an

interested person if necessary to protect the estate of a decedent

before the appointment of a general personal representative or if a

prior appointment is terminated as provided in section 3609.

(b) By the court on its own motion or in a formal proceeding

by court order on the petition of an interested person if in either

case, after notice and hearing, the court finds that the

appointment is necessary to preserve the estate or to secure its

proper administration, including its administration in

circumstances in which a general personal representative cannot or

should not act. If it appears to the court that an emergency

exists, the court may order the appointment without notice.

Senate Bill No. 551 as amended March 9, 2016

interested person to supervise the disposition of the body of a

decedent if section ~~3206(7)~~ 3206(8) applies. The duties of a

special personal representative appointed under this subdivision

~~shall~~ must be specified in the order of appointment and may include

making arrangements with a funeral home, securing a burial plot if

needed, obtaining veteran's or pauper's funding ~~where~~ if

appropriate, and determining the disposition of the body by burial

or cremation. The court may waive the bond requirement under

section 3603(1)(a). The court may appoint the county public

administrator if the county public administrator is willing to

serve. If the court determines that it will not be necessary to

open an estate, the court may appoint a special fiduciary under

section 1309 instead of a special personal representative to

perform duties under this section.

Sec. 3701. A personal representative's duties and powers

commence ~~upon~~ on appointment. A personal representative's powers

relate back in time to give acts by the person appointed that are

beneficial to the estate occurring before appointment the same

effect as those occurring after appointment. Subject to sections

3206 to ~~3208,~~ 3207, before or after appointment, a person named as

personal representative in a will may carry out the decedent's

written instructions relating to the decedent's body, funeral, and

burial arrangements. A personal representative may ratify and

accept an act on behalf of the estate done by another if the act

would have been proper for a personal representative.

Enacting section 1. Section 3208 of the estates and protected

individuals code, 1998 PA 386, MCL 700.3208, is repealed.

[Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law.]