§ 35-21-810 — Disposition Of Remains -- Liability

35-21-810 . Disposition of remains -- liability. (1) The right to control the disposition of the remains of a deceased person, unless other directions have been given by the decedent, is as provided in 37-19-904 .
(2) The liability for the reasonable cost of interment devolves jointly and severally upon all kin of the decedent listed in 37-19-904 in the same degree of kindred and upon the estate of the decedent.
(3) A person signing an authorization for the interment of any remains warrants the truthfulness of any fact set forth in the authorization, the identity of the person whose remains are sought to be interred, and the person's authority to order the interment. The person signing the authorization is personally liable for all damage occasioned by or resulting from breach of the warranty.
(4) The mausoleum-columbarium authority may inter any remains upon the receipt of a written authorization of a person representing to be a person who has acquired the right to control the disposition of the remains. A mausoleum-columbarium authority is not liable for interring pursuant to the authorization unless it has actual notice that presentation is untrue.

Legislative History

En. Sec. 6, Ch. 283, L. 1999; amd. Sec. 10, Ch. 208, L. 2009.