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Wakeman plan provides proper, timely burials for unclaimed decedents
RELEASE|November 5, 2019

State Rep. Rodney Wakeman, of Saginaw Township, today testified before the House Judiciary Committee in support of his plan ensuring funeral directors have the necessary authorization to provide timely and respectful dispositions for unclaimed decedents.

PHOTO INFORMATION: State Rep. Rodney Wakeman testifies before the House Judiciary Committee in support of his legislation on Nov. 5.

“We’re trying to correct a misinterpretation within the formal process that determines who has the legal right to make funeral arrangements and final body disposition in instances when there are no heirs present,” said Wakeman, co-owner and director of the Wakeman Funeral Home in Saginaw. “It’s lacking the necessary clarification and leaving funeral homes in what should be avoidable situations.”

The Estate and Protected Individuals Code (EPIC) – the appointment process responsible for dictating and limiting who has responsibility for making final arrangements following an individual’s death – was recently revised in 2018 after multiple county public administrators were found prematurely opening estates of decedents with legitimate heirs.

As a response to provide additional notice to potential heirs, the process’ time period was extended, from 42 to 63 days after a descendant’s death. A public administrator would be appointed as a personal representative during this time. Wakeman said since the EPIC was revised, public administrators have been reluctant to seek authority as a personal representative for unclaimed decedents, generating an array of problems for funeral directors.

“Funeral directors must receive authorization from the person responsible for directing disposition,” Wakeman said. “When there’s no green light given, funeral homes run into delays and hold remains for an excessive period of time. This exposes them to regulatory sanctions during inspections for not disposing remains in a timely matter.”

House Bill 5103 would clarify the 63-day time period does not apply to the appointment of a special fiduciary or special public administrator to authorize final disposition, which Wakeman said would give funeral directors across Michigan the timely authorization needed for the proper and respectful disposition of unclaimed decedents.

Wakeman’s plan remains under consideration in the House Judiciary Committee.

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