[WSBARP] Unusual disposition of human remains (!) [Resolution of issue]

Wed Feb 20 15:10:30 PST 2019

Thank you Sarah, for that great summary!

Sincerely,

Yorick

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Sarah Jael Dion
Sent: Wednesday, February 20, 2019 2:27 PM
To: WSBA Real Property Listserv; KCBA Real Property, Probate and Trust Law Discussion List
Subject: Re: [WSBARP] Unusual disposition of human remains (!) [Resolution of issue]

A huge thank you to all who responded to this inquiry, both on and off-list. Your responses were very helpful! Quite a few people asked that I circle back and share my findings. In addition to reviewing the applicable statutes and community responses, I also spoke with an auditor at the State Department of Licensing and with the operations manager of the Willed Body Program at the University of Washington to make sure my understanding was correct.

PRESERVATION OF A SKULL FOR PRIVATE USE IN WA STATE

Client indicated a desire to have his skull preserved for his children as a last vestige of his corporeal presence.

Issue:  Is there a legal way to arrange for the disposition of a dead body so that the skull may be removed and preserved for private use?

Short answer: No. In Washington State, skeletal preservation may only be carried out in the name of research or education. It is possible to donate a skull for educational purposes, but there is no way to accurately characterize this client's currently-stated goal as educational. There are also potential consequences for anyone assisting with this project and for the recipients of the skull.
I. No one can legally dispose of a body in Washington State except as set forth by law. And the law provides limited options.
A person living in Washington State has a statutory right to provide for the disposition of his or her own remains, RCW  68.50.160. However, the laws governing disposition of human remains limit any public agency (medical examiner, hospital, etc.) to surrender the remains to either (1) a physician, for scientific purposes; or (2) an institution offering funeral and embalming services. RCW  68.50.070(1)(a)-(b). Funeral directors are specifically prohibited from releasing remains for separate dispositions (in this case, separating skull from body), and, in general, private disposition of human remains other than to a cemetery or religious establishment is prohibited. WAC 308-48-030 and RCW 68.50.130. Therefore, a resident of Washington State may state his or her wishes for the disposition of remains in a will or other document, but these wishes are unlikely to be carried out unless they are conventional ones.

II.  Are there other potential legal issues with this project?
Yes. Neither the person handling the skull for the stated purpose, nor the intended recipients may legally possess the skull. "Every person who shall purchase or receive, except for burial or cremation, human remains or any part thereof, knowing that the same has been removed contrary to the foregoing provisions, is guilty of a class C felony." RCW 68.50.140(2). RCW 68.50.100 also provides for penalties for any person making "any dissection of a body," except as provided by law. A physician receiving human remains must attest "that each body so by him or her received will be used only for the promotion of anatomical science, and that it will be used for such purpose in this state only, and so as in no event to outrage the public feeling." RCW 68.50.080.

III.  Is there any way around these prohibitions?

            A.        Would it possible to classify the skull as an "anatomical gift" and not run afoul of the laws limiting the disposition of human remains?

In order to be considered an "anatomical gift," the body or body parts must be donated "for the purpose of transplantation, therapy, research, or education." RCW 68.04.010(3). The private, familial use indicated lacks any of these purposes at its core. However, should the client be flexible in this regard, perhaps the skull could be donated to a medical school as an anatomical tool, and the family could attempt to establish a relationship with the school that would allow for visitation. Because of the prohibition on separate dispositions, however, the entire skeleton might need to be gifted, not just the skull.

            B.        Could the client donate the body to the UW Willed Body Program for educational purposes, and ask for the skull to be returned to the family when the students are finished?

This is not an option. The Willed Body Program at the UW only returns donations in cremated form. There are no exceptions to this rule.

IV.  Conclusion

In conclusion, there is no feasible way to have the skull separated from the body without violating the law. Further, there is no one who could legally accept the skull to clean and preserve it. Finally, possession of human remains as imagined herein is a Class C Felony. Of course, there are certain extremely expensive options that might provide alternate avenues, including starting an educational institution that could retain the skull, or arranging for the body to be shipped to a foreign country that might allow the client to fulfill his desires legally. I will suggest to the client that having a mask or bronze made, as someone suggested, might be an acceptable and more affordable option in light of the difficulties with the client's first choice.

Sarah Jael Dion

Dion Law PLLC
206-550-4005
sarah at dionlaw.com<mailto:sarah at dionlaw.com>
www.dionlaw.com<http://www.dionlaw.com>

This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else.

On Feb 18, 2019, at 5:37 PM, Sarah Jael Dion <sarah at dionlaw.com<mailto:sarah at dionlaw.com>> wrote:

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<mailto:sarah at dionlaw.com>
www.dionlaw.com<http://www.dionlaw.com>

This message is private or privileged. If you are not the person for whom this message is intended, please notify me immediately and delete the message. Please do not copy or send this message to anyone else.

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