NY Couples Get Funeral Rights

February 6, 2006

ALBANY — New York State Gov. George Pataki has signed into law legislation that provides domestic partners, both same-sex and opposite-sex, the ability to make decisions about the funerals of partners.

The law will allow New Yorkers to designate a person to carry out their wishes for the disposition of their body after they die. Additionally, it extends domestic partners the same priority status in decision making as surviving married spouses.

The 'death care proxy' is a simple, free, proxy form authorizing the appointment of an agent and has space for special directions. It must be signed in front of two witnesses. In instances where no one has been designated, a priority list of persons, including domestic partners, are established in statute to determine who has the right to control the disposition of an individual's remains.

The legislation received bipartisan support in the legislature last year.

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