Order of person for cremation and disposition of his own remains.
1. A prepaid contract for services to be rendered upon the death of a beneficiary which includes cremation must specify the disposition of the cremated remains, and that portion of the contract must be initialed by the person paying for the services. If no additional or different instructions are given by the agent at the time of the beneficiary’s death, the operator of a crematory may dispose of the remains as specified. Upon that disposition, the operator has no further liability with respect to the remains.
2. A person may order his own cremation and the disposition of his own cremated remains. The order must be signed by him and by two witnesses. The order may designate the crematory. A copy of the order must be retained by the signer and a copy sent to the crematory if designated. The signer may revoke the order or change the designation of the crematory, and must provide written notice of the action to the operator of the crematory if designated.
3. When a person who has ordered his own cremation dies, a person in possession of the order and a person charged with arranging for disposition of the decedent’s body who is aware of the order shall use their best efforts to ensure that the decedent is cremated, and the cremated remains are disposed of, according to the order.
4. If a completed order for cremation, executed before death, and the human remains to which it pertains are in the possession of the operator of a crematory, and he has received payment for the cremation and the disposition of the cremated remains, he shall perform those acts as ordered and incurs no liability by their performance.
Last modified: February 26, 2006