§883. Liability; authorizing agent; funeral director, funeral establishment, and crematory
authority; refusal to arrange or perform a cremation; refusal to release cremated
human remains
A.Except for those representations made by a funeral director pursuant to R.S.
37:877(B)(1)(b)(ii), any person signing a cremation authorization form as an authorizing
agent shall be personally and individually liable for all damage occasioned thereby and
resulting therefrom. A crematory authority and a funeral director shall rely upon the
representations of the authorizing agent in the cremation authorization form.
B.There shall be no liability for a funeral director, funeral establishment, or
crematory authority that, pursuant to a crematory authorization, arranges a cremation,
cremates human remains p
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§883. Liability; authorizing agent; funeral director, funeral establishment, and crematory
authority; refusal to arrange or perform a cremation; refusal to release cremated
human remains
A. Except for those representations made by a funeral director pursuant to R.S.
37:877(B)(1)(b)(ii), any person signing a cremation authorization form as an authorizing
agent shall be personally and individually liable for all damage occasioned thereby and
resulting therefrom. A crematory authority and a funeral director shall rely upon the
representations of the authorizing agent in the cremation authorization form.
B. There shall be no liability for a funeral director, funeral establishment, or
crematory authority that, pursuant to a crematory authorization, arranges a cremation,
cremates human remains pursuant to such authorization, or releases or disposes of the
cremated human remains pursuant to such authorization.
C. There shall be no liability for a funeral director, funeral establishment, or
crematory authority in relying on information provided by the coroner or healthcare providers
pursuant to R.S. 37:877(B)(1)(b)(iii) and R.S. 40:1271.2 or their failure to provide such
information.
D. There shall be no liability for a funeral director, funeral establishment, or coroner
for permitting an authorizing agent or designated representative thereof, or any interested
party, to view human remains for the purpose of identification.
E. A crematory authority shall not be responsible or liable for the commingling of
cremated human remains if it has received a written authorization pursuant to the provisions
of R.S. 37:879(G).
F. A crematory authority or any other person in possession of cremated human
remains for a period of sixty days from the date of cremation shall not be responsible or
liable for the disposition of the cremated human remains if such remains have been disposed
of in accordance with the provisions of R.S. 37:880(B).
G. A crematory authority shall not be responsible or liable for any valuables
delivered to the crematory authority with human remains.
H. If a funeral director refuses to arrange a cremation or a crematory authority refuses
to accept a body or to perform a cremation in accordance with R.S. 37:877(C), neither the
funeral director nor the crematory authority shall be liable for refusing to accept a body or
to perform a cremation.
I. If a funeral director, funeral establishment, or crematory authority refuses to
release or dispose of cremated human remains in accordance with R.S. 37:880(A)(2), then
such persons or entities shall not be liable for their refusal to release or dispose of cremated
human remains.