§ 34-13-12 — Truthfulness of Documentary Information; Rights and Obligations of Licensee; Liability

Alabama § 34-13-12

• Jurisdiction: Alabama
• Title 34: Professions and Businesses
• Ch. 13: Funeral Services
• Art. 1: General Provisions

Text

(a) Any person signing a funeral service agreement, cremation authorization form, or any other authorization for disposition by his or her signature shall attest to the truthfulness of any facts set forth in the document including, but not limited to, the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of and the authority of the person to order the disposition. A licensee may rely on a funeral service agreement, contract, or disposition authorization in carrying out the instructions of the person the licensee reasonably believes to hold the right of disposition. A licensee is not responsible for contacting or independently investigating the existence of any next-of-kin or relative of a decedent. If there is more than one person in a class with equal priority and the licensee has no knowledge of any objection by any other member of that class, the licensee may rely upon and act according to the instructions of the first person in the class to make funeral and disposition arrangements.
(b) Absent negligence, wantonness, recklessness, or deliberate misconduct, no licensee who relies in good faith upon the instructions of a person who claims a right of disposition shall be subject to criminal or civil liability, or be subject to disciplinary action, for carrying out the disposition of the remains in accordance with those instructions.

Legislative History

(Act 2002-239, p. 498, §3; Act 2011-623, p. 1439, §1; Act 2022-339, §1.)