The Vermont Statutes Online
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
NOTE: The online version of the Vermont Statutes does NOT yet include the actions of the 2023 legislative session. The 2023 updates should be available by the end of October.
Title 18 : Health
Chapter 107 : DEATHS, BURIALS, AUTOPSIES
Subchapter 003 : RIGHTS OF FAMILY MEMBERS, OTHER INTERESTED PERSONS, FUNERAL DIRECTORS, AND OPERATORS OF DISPOSITION FACILITIES [EFFECTIVE JANUARY 1, 2023]
(Cite as: 18 V.S.A. § 5228)-
§ 5228. Forfeiture
An individual recognized under section 5227 of this title to have a right of disposition shall forfeit that right in the following circumstances:
[Subdivision (1) effective until January 1, 2023; see also subdivision (1) effective January 1, 2023 set out below.]
(1) the individual is identified by a law enforcement agency as a person of interest and likely to be prosecuted or is under prosecution for first or second degree murder or voluntary manslaughter in connection with the decedent’s death, if the status of the investigation or the prosecution is known to the funeral director or crematory operator, except that if the prosecution is not pursued or the individual is acquitted of the alleged crime before the remains are disposed of, the individual shall regain the right;
[Subdivision (1) effective January 1, 2023; see also subdivision (1) effective until January 1, 2023 set out above.]
(1) the individual is identified by a law enforcement agency as a person of interest and likely to be prosecuted or is under prosecution for first or second degree murder or voluntary manslaughter in connection with the decedent’s death, if the status of the investigation or the prosecution is known to the funeral director or disposition facility operator, except that if the prosecution is not pursued or the individual is acquitted of the alleged crime before the remains are disposed of, the individual shall regain the right;
(2) the individual does not exercise the right of disposition within three days of notification of the death or within five days of the decedent’s time of death, whichever is earlier;
(3) the Probate Division of the Superior Court pursuant to section 5231 of this title determines that the individual entitled to the right of disposition and the decedent were estranged at the time of death; or
(4) as otherwise ordered by the Probate Division of the Superior Court. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)
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§ 5228. Forfeiture
An individual recognized under section 5227 of this title to have a right of disposition shall forfeit that right in the following circumstances:
[Subdivision (1) effective until January 1, 2023; see also subdivision (1) effective January 1, 2023 set out below.]
(1) the individual is identified by a law enforcement agency as a person of interest and likely to be prosecuted or is under prosecution for first or second degree murder or voluntary manslaughter in connection with the decedent’s death, if the status of the investigation or the prosecution is known to the funeral director or crematory operator, except that if the prosecution is not pursued or the individual is acquitted of the alleged crime before the remains are disposed of, the individual shall regain the right;
[Subdivision (1) effective January 1, 2023; see also subdivision (1) effective until January 1, 2023 set out above.]
(1) the individual is identified by a law enforcement agency as a person of interest and likely to be prosecuted or is under prosecution for first or second degree murder or voluntary manslaughter in connection with the decedent’s death, if the status of the investigation or the prosecution is known to the funeral director or disposition facility operator, except that if the prosecution is not pursued or the individual is acquitted of the alleged crime before the remains are disposed of, the individual shall regain the right;
(2) the individual does not exercise the right of disposition within three days of notification of the death or within five days of the decedent’s time of death, whichever is earlier;
(3) the Probate Division of the Superior Court pursuant to section 5231 of this title determines that the individual entitled to the right of disposition and the decedent were estranged at the time of death; or
(4) as otherwise ordered by the Probate Division of the Superior Court. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)
