Assembly Bill A10595

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10595

                          I N  A S S E M B L Y

                              April 8, 2010
                               ___________

Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
  tee on Health

AN  ACT to amend the public health law, in relation to recognizing as an
  acceptable written instrument for disposition of remains  for  service
  members, the federal form DD93

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 4201 of the public health law,  as
amended  by  chapter  76  of  the  laws  of  2006, is amended to read as
follows:
  3. The written instrument referred to in paragraph (a) of  subdivision
two of this section:
  (A) may be in substantially the following form, and must be signed and
dated by the decedent and the agent and properly witnessed:
         APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS

I, _____________________________________________________________________
                         (Your name and address)
being of sound  mind,  willfully  and  voluntarily  make known my desire
that, upon my death, the disposition of my remains shall be controlled
by ___________________________________________________________________ .
(name of agent)
With respect to that subject only, I hereby appoint such  person  as  my
agent with respect to the disposition of my remains.

SPECIAL DIRECTIONS:

Set forth below are any special directions limiting the power granted to
my agent as well as any instructions or wishes desired to be followed in
the disposition of my remains:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16775-01-0
              

A. 10595                            2

________________________________________________________________________
________________________________________________________________________

  Indicate  below  if you have entered into a pre-funded pre-need agree-
ment subject to section four hundred fifty-three of the general business
law for funeral merchandise or service in advance of need:
  [] No, I have not entered into a pre-funded pre-need agreement subject
to section four hundred fifty-three of the general business law.
  [] Yes, I have entered into a pre-funded pre-need agreement subject to
section four hundred fifty-three of the general business law.

________________________________________________________________________
(Name of funeral firm with which you entered into a pre-funded  pre-need
funeral agreement to provide merchandise and/or services)

AGENT:
Name: __________________________________________________________________
Address: _______________________________________________________________
Telephone Number: ______________________________________________________

SUCCESSORS:

  If  my  agent dies, resigns, or is unable to act, I hereby appoint the
following persons (each to act alone  and  successively,  in  the  order
named)  to serve as my agent to control the disposition of my remains as
authorized by this document:
1. First Successor
Name: __________________________________________________________________
Address: _______________________________________________________________
Telephone Number: ______________________________________________________

2. Second Successor
Name: __________________________________________________________________
Address: _______________________________________________________________
Telephone Number: ______________________________________________________

DURATION:

This appointment becomes effective upon my death.
PRIOR APPOINTMENT REVOKED:
  I hereby revoke any prior appointment of any  person  to  control  the
disposition of my remains.

Signed this____________________day of__________,____________.
________________________________________________________________________
(Signature of person making the appointment)

Statement by witness (must be 18 or older)

I declare that the person who executed this document is personally known
to  me  and  appears  to  be of sound mind and acting of his or her free
will. He or she signed (or asked another to sign for him  or  her)  this
document in my presence.

Witness 1: __________________ (signature)

A. 10595                            3

Address: _________________

Witness 2: _________________ (signature)

Address: _________________

ACCEPTANCE AND ASSUMPTION BY AGENT:
  1.  I  have  no  reason to believe there has been a revocation of this
appointment to control disposition of remains.
  2. I hereby accept this appointment.
  Signed this               day of           ,                .
  _______________________
  (Signature of agent)

  (B) FOR MEMBERS OF THE ARMED  FORCES,  MAY  BE  A  FEDERAL  FORM  DD93
(RECORD OF EMERGENCY DATA), SETTING FORTH A SERVICE MEMBER'S DESIGNATION
OF  A PERSON AUTHORIZED TO DIRECT DISPOSITION OF HUMAN REMAINS, REQUIRED
PURSUANT TO THE REQUIREMENTS OF SECTION FIVE HUNDRED SIXTY-FOUR  OF  THE
NATIONAL  DEFENSE  AUTHORIZATION  ACT OF 2008, PUBLIC LAW 109-163 OF THE
ONE HUNDRED NINTH CONGRESS.
  S 2. This act shall take effect immediately.