HRS §531B-6
When someone loses the right to decide burial
This section lists situations where a person who normally has the right to decide what happens to a body loses that right, and it goes to the next person in line. The right can be lost if the person is charged with killing the deceased, waits too long, is in a divorce or separation, or was estranged. If charges are dropped or the person is found not guilty, the right comes back unless the body has already been buried or cremated.
domestic partnersspouses
The statute, as written — Forfeiture of right to direct disposition
A person entitled under law to the right of disposition shall forfeit that right, and the right is passed on to the next person in the order of priority as listed in section 531B-4, under the following circumstances: (1) The person is charged with murder or manslaughter in connection with the decedent's death, and the charges are known to the funeral director or manager of the funeral establishment, cemetery, mortuary, crematory, or hydrolysis facility; provided that if the charges against the person are dismissed, or if the person is acquitted of the charges, the right of disposition is returned to that person, unless the dismissal or acquittal occurs after the final disposition has been completed; (2) The person does not exercise the person's right of disposition within five days of notification of the decedent's death or within seven days of the decedent's death, whichever is earlier; (3) The person and the decedent are spouses, civil union partners, or reciprocal beneficiaries, and at the time of the decedent's death, proceedings for annulment, divorce, or separation had been initiated or a declaration for termination of the reciprocal beneficiary relationship had been filed; or (4) The probate court pursuant to section 531B-7 determines that the person entitled to the right of disposition and the decedent were estranged at the time of death.
Sections this one refers to
§531B-4 Who decides what happens to a person's remains
§531B-7 How disputes about who controls a body are resolved
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