Vermont Statutes
Chapter 107 - Deaths, Burials, Autopsies
§ 5228. Forfeiture

§ 5228. Forfeiture
An individual recognized under section 5227 of this title to have a right of disposition shall forfeit that right in the following circumstances:
[Subdivision (1) effective until January 1, 2023; see also subdivision (1) effective January 1, 2023 set out below.]
(1) the individual is identified by a law enforcement agency as a person of interest and likely to be prosecuted or is under prosecution for first or second degree murder or voluntary manslaughter in connection with the decedent’s death, if the status of the investigation or the prosecution is known to the funeral director or crematory operator, except that if the prosecution is not pursued or the individual is acquitted of the alleged crime before the remains are disposed of, the individual shall regain the right;
[Subdivision (1) effective January 1, 2023; see also subdivision (1) effective until January 1, 2023 set out above.]
(1) the individual is identified by a law enforcement agency as a person of interest and likely to be prosecuted or is under prosecution for first or second degree murder or voluntary manslaughter in connection with the decedent’s death, if the status of the investigation or the prosecution is known to the funeral director or disposition facility operator, except that if the prosecution is not pursued or the individual is acquitted of the alleged crime before the remains are disposed of, the individual shall regain the right;
(2) the individual does not exercise the right of disposition within three days of notification of the death or within five days of the decedent’s time of death, whichever is earlier;
(3) the Probate Division of the Superior Court pursuant to section 5231 of this title determines that the individual entitled to the right of disposition and the decedent were estranged at the time of death; or
(4) as otherwise ordered by the Probate Division of the Superior Court. (Added 2007, No. 56, § 1; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2021, No. 169 (Adj. Sess.), § 7, eff. January 1, 2023.)

Structure Vermont Statutes

Vermont Statutes

Title 18 - Health

Chapter 107 - Deaths, Burials, Autopsies

§ 5200. Definitions [Effective January 1, 2023]

§ 5201. Permits; removal of bodies; cremation; waiting period; investigation into circumstances of death

§ 5201. Permits; removal of bodies; waiting period; investigation into circumstances of death

§ 5202. Report of death; death certificate; duties of licensed health care professional

§ 5202a. Correction, completion, or amendment of death certificate

§ 5205. Death certificate when no attending physician and in other circumstances; autopsy

§ 5206. Penalty for failure to submit report of death

§ 5207. Certificate furnished family; burial-transit permit

§ 5207. Certificate furnished family; burial-transit permit

§ 5208. Department of health; report on statistics

§ 5209. Death out of State; burial permit

§ 5210. Form of burial or removal permit

§ 5210. Form of burial or removal permit

§ 5211. Unauthorized burial or removal; penalty

§ 5212. Permit to remove dead bodies

§ 5212a. Removal; objections

§ 5212b. Unmarked Burial Sites Special Fund; reporting of unmarked burial sites

§ 5213. Removal; form and disposition of permit

§ 5213. Removal; form and disposition of permit

§ 5214. Duties of sexton; no burial or removal without permit

§ 5215. Burial returns

§ 5216. Penalty

§ 5217. Removal of marked historic remains

§ 5218. Determination of death

§ 5219. Persons missing and presumed dead; issuance of presumptive death certificate

§ 5221. Definitions

§ 5222. Reports

§ 5223. Unidentified fetus

§ 5224. Disposition of remains; permits

§ 5224. Disposition of remains; permits

§ 5225. Penalty

§ 5226. Definitions

§ 5227. Right to disposition

§ 5228. Forfeiture

§ 5229. Cost of disposition

§ 5229. Cost of disposition

§ 5230. Rights of funeral director or crematory operator

§ 5230. Rights of funeral director or operator of a disposition facility

§ 5231. Civil action

§ 5231. Civil action

§ 5232. Procedures generally

§ 5233. Limited liability

§ 5233. Limited liability

§ 5234. Organ Donation Special Fund