Section 34-13-11

Authorizing agent. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE.

The following persons, in the priority listed herein, may serve as an authorizing agent:

(1) The decedent's spouse at the time of the decedent's death.

(2) The decedent's surviving children. If there is more than one child who qualifies as an authorizing agent, any such child may serve as the authorizing agent except, in the case of a cremation, such child must submit by affidavit the consent of all other surviving children to serve as authorizing agent. If any surviving child is unable to be notified of a pending cremation, the remaining children may select the authorizing agent by submission of legal documentation of the inability to notify the absent child or children. If the funeral director receives written objection to such cremation from any child before cremation, no cremation shall be performed except upon the written withdrawal of the objection or upon the order of a court of competent jurisdiction.

(3) The decedent's surviving parents. If the decedent is survived by two parents, either parent may serve as the authorizing agent except, in the case of a cremation, such parent must submit by affidavit the consent of the other surviving parent to serve as authorizing agent. If the other surviving parent is unable to be notified of a pending cremation, a parent may serve as the authorizing agent by submission of legal documentation of the inability to notify the absent parent. If the funeral director receives written objection to such cremation from either parent before cremation, no cremation shall be performed except upon the written withdrawal of the objection or upon the order of a court of competent jurisdiction.

(4) The decedent's surviving siblings. If there is more than one sibling who qualifies as an authorizing agent, any sibling may serve as the authorizing agent except, in the case of a cremation, such sibling must submit by affidavit the consent of all other surviving siblings to serve as authorizing agent. If any surviving sibling is unable to be notified of a pending cremation, the remaining siblings may select the authorizing agent by submission of legal documentation of the inability to notify the absent sibling or siblings. If the funeral director receives written objection to such cremation from any sibling before cremation, no cremation shall be performed except upon the written withdrawal of the objection or upon the order of a court of competent jurisdiction.

(5) Any person acting on the decedent's signed written instructions regarding final disposition contained in a preneed funeral contract and, in the case of cremation, a cremation authorization form signed by the decedent.

(6) Any person serving as executor or legal representative of a decedent's estate and acting on the decedent's signed, written instructions contained in a will or other writing, regardless of whether the will has been probated.

(7) The person in the next degree of kinship under the laws of descent and distribution to inherit the decedent's estate. If there is more than one person of the same degree, any such person may serve as the authorizing agent.

(8) In the case of indigents or any other individuals whose final disposition is the responsibility of the state or any of its subdivisions or agencies, a public administrator, medical examiner, coroner, or any other public official charged with arranging the final disposition shall serve as the authorizing agent in the absence or refusal of any person described in subdivisions (1) to (7), inclusive.

(9) In the absence or refusal of any person described in subdivisions (1) to (7), inclusive, any person willing to assume the responsibility as authorizing agent.

(Act 2002-239, p. 498, §3.)