§ 45:7-95 — Funeral, disinterment, disposition of remains; written authorization.

41. A practitioner of mortuary and embalming science or practitioner of mortuary science may permit the funeral, disinterment or disposition of human remains on the written authorization of a person who claims to be, and is believed to be, a person who has the right to control the funeral, disinterment or disposition as provided by sections 22 and 23 of P.L.2003, c.261 (C.45:27-22 and C.45:27-23). A cemetery or practitioner of mortuary and embalming science or practitioner of mortuary science shall not be liable for the funeral, disinterment or disposition pursuant to this authorization unless it had reasonable notice that the person did not have the right to control the funeral, disinterment or disposition. If there are no known living relatives, a practitioner of mortuary and embalming science or practitioner of mortuary science may rely on the written authorization of any person acting in good faith on behalf of the decedent. A person who signs an authorization for the funeral, disinterment or disposition of human remains warrants the truth of the facts stated, the identity of the person whose remains are disposed, and the authority to order the funeral, disinterment or disposition. A cemetery or practitioner of mortuary and embalming science or practitioner of mortuary science shall not be liable for the funeral, disinterment or disposition in accordance with the authorization unless it had reasonable notice that the representations were untrue or that the person lacked the right to control the funeral, disinterment or disposition. L.2003,c.261,s.41; amended 2025, c.52, s.22.