Final disposition freedom is the ability to direct how a person’s body will be disposed of following their death. This includes the decision to be buried, cremated, or transferred to a medical facility for use as an organ donor.

 

In the United States, individuals have a wide range of options when it comes to final disposition. For example, they may choose to be buried or cremated in their home state, have a burial at the local cemetery, or have a funeral director transfer the body of the deceased to a medical facility for organ donation.

These arguments are all valid, but they fail to address one of the biggest reasons why Texas legislators are so opposed to legalizing alkaline hydrolysis and natural organic recomposition: the fact that they would give Texans less choice in their final disposition than hundreds of millions of people across the country already have.

 

 

This is a very important issue for Americans. Thousands of families have to deal with this issue every year. They have to make difficult decisions about how they will be buried or how their bodies will be disposed of.

 

Historically, there have been many debates over how to best protect the rights of families when it comes to their final disposition choices. For instance, some people argue that forcing heirship is a better way to preserve family ties and responsibilities while others believe it can lead to opportunistic behavior or even fraud.

 

 

There are currently 26 states that have already legalized human organic recomposition, and four more are in the process of doing so! Those 26 states are leading the way in guaranteeing liberty and freedom of disposition choice while Texas is still behind.

 

Some Texas legislators are so concerned about protecting the interests of Texans that they don’t even want to hear about the benefits of natural organic recomposition or alkaline hydrolysis. They’re more interested in sticking to the tried and true options that they deem fit for all Texans.

 

However, those same legislators are also aware that there are many more options that Texans are willing to consider. They know that people are tired of being told that they don’t have enough options to choose from when it comes to their final disposition.

 

It’s time for Texas to take a page from other jurisdictions that have taken the same approach to the disposal of human remains and allow their citizens greater  final disposition freedom. They’re not trying to do something new or out of the ordinary; they’re just wanting to secure the same freedoms for Texans that millions of Americans are enjoying right now!

 

In summary, the legislature could effectively uphold the No Property Rule while empowering testators to dispose of their human remains in a manner that is consistent with Williams by amending legislation reminiscent of British Columbia’s Funeral Services Act. This would replace the executor’s ultimate discretion regarding the disposition of a deceased person’s remains with a priority for the express written wishes of the individual. This could be done by amending legislation similar to sections 5 and 6 of the Funeral Services Act.  Check out this post for more details related to this article: https://en.wikipedia.org/wiki/Disposal_of_human_corpses.