§ 23-06-31 — Cremation or other lawful disposition of a body - Authorization document - Immunity

Immunity.
1. A legally competent adult may prepare a written statement directing the cremation or
other lawful disposition of that adult's own remains pursuant to section 23-06-03. The
written statement must be signed and dated by the legally competent adult and may
be part of the legally competent adult's will.
2. A document that conforms to this section authorizes a crematorium or funeral
establishment to carry out the instructions of the legally competent adult who is the
subject of the document. It is not necessary for a crematorium or funeral establishment
to obtain the consent or concurrence of any other person when the crematorium or
funeral establishment cremates or otherwise provides for the lawful disposition of a
body pursuant to instructions contained in a document that conforms to this section.
3. This section does not mandate that a crematorium or funeral establishment cremate or
otherwise provide for the lawful disposition of a body pursuant to the document unless
the legally competent adult who executed the document articulated and funded in a
pre-need funeral service contract the legally competent adult's instructions as
expressed in the document.
4. A crematorium or funeral establishment that cremates or otherwise provides for the
lawful disposition of a body in good-faith reliance upon instructions of a decedent or an
individual to whom the crematorium or funeral establishment reasonably believes is
entitled to control final disposition pursuant to section 23-06-03 or on an apparently
genuine document executed pursuant to this section is not subject to criminal
prosecution, civil liability, or professional discipline. The decision of a crematorium or
funeral establishment to cremate or otherwise provide for the lawful disposition of a

body in reliance on a document executed pursuant to this section is presumed to be
made in good faith.