[WSBARP] Unusual disposition of human remains (!)

[Sarah Jael Dion]

Hi all-

I am looking for thoughts— I am trying to advise an estate planning client about the feasibility of carrying out a rather unusual plan for disposition of his remains. He would like his skull to be preserved for his children, as kind of a last vestige of his corporeal existence. His urge to do this sounds strange, but he is a very interesting, kind and smart guy. He does not want to create criminal or other legal problems for anyone who agrees to assist with this plan. I am trying to identify for him the potential legal obstacles to having his skull separated from his body and given to someone to clean and preserve it. (Luckily, he has NOT asked me to help with figuring out who would be willing to carry this plan out for him.)

I’ve been looking through the RCWs and while it seems clear that a person has a right to control disposition of their remains (RCW 68.50.160), it remains vague to me the process by which a person could have anything other than autopsy, burial or cremation take place. His skull would not qualify as an anatomical gift, unless it was given for "transplantation, therapy, research, or education.” RCW 68.04.010(3). So it must be human remains. There are all kinds of penalties scattered throughout the section on human remains, for stealing them, for digging them up once buried, etc. 

There is one sentence in the RCWs that seems promising— RCW  68.50.100(1) states that “[t]he right to dissect a dead body shall be limited to cases specially provided by statute or by the direction or will of the deceased.” (Emphasis added.)

Does anyone have insight into this situation? Many thanks in advance if you have made it this far! Also, yes, I now know all about Ted Williams. :)

Sarah Jael Dion

Dion Law PLLC					
206-550-4005
sarah at dionlaw.com
www.dionlaw.com

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