Code of Alabama - Title 45: Local Laws - Section 45-45-171.01 - Cremation of deceased indigent person

Section 45-45-171.01 - Cremation of deceased indigent person.

(a)(1) The Madison County Commission may provide for expenses of cremation of any deceased indigent person, if the deceased was a resident of the county prior to his or her death, died without an estate, and has no relatives residing in the county who are financially able to provide for the burial or cremation expenses of the person.

(2) The surviving spouse of the deceased person shall consent in writing to the cremation by the county.

(3) If there is no surviving spouse, any adult child of the deceased person, if the adult child resides in the county, shall consent in writing to the cremation.

(4) If there is no surviving spouse or surviving adult child of the deceased residing in the county, the agency referring the body and requesting the cremation may consent in writing to the cremation. A referring agency acting in good faith pursuant to this section shall be exempt from all civil and criminal liability regarding such action.

(5) If written consent is not received for cremation, no legal obligation is created by this section for the county to provide burial expenses.

(b) This section is cumulative and supplemental to any existing law regarding the disposal of the bodies of deceased indigent persons in Madison County.

(Act 93-894, 1st Sp. Sess., p. 179, §§ 1, 2.)

Last modified: May 3, 2021