Section 34-13-12Liability of funeral director or establishment. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE.
(a) A funeral director or funeral establishment that has received expressed written authorization for final disposition or cremation from the authorizing agent shall not be liable for the final disposition or cremation of the human remains designated by the authorization if the disposition or cremation is performed in accordance with this chapter, nor shall a funeral director or funeral establishment be liable for following, in a reasonable fashion, the instructions of any person who falsely represents being the proper authorizing agent.
(b) Absent the receipt of a court order or other suitable confirmation of resolution, a funeral director or funeral establishment may not be liable for refusing to accept human remains for final disposition or for refusing to perform a cremation, if the funeral director or other agent of the funeral establishment: (1) Is aware of any dispute concerning the final disposition or cremation of the human remains; or (2) has a reasonable basis for questioning any of the representations made by the authorizing agent. A funeral director or other agent of the funeral establishment may not be liable for refusing to accept human remains for any lawful reason.
(Act 2002-239, p. 498, §3.)
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