South Dakota § 34-26A-7 Delegation of authority--Crematory immunity.

South Dakota Statutes

§ 34-26A-7 — Delegation of authority--Crematory immunity.

South Dakota § 34-26A-7

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-24CCREMATORIES AND CREMATIONS

This text of South Dakota § 34-26A-7 (Delegation of authority--Crematory immunity.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34-26A-7 (2026).

Text

If the person who has the right and duty to control the decedent's remains, as provided for in § 34-26-75 , is not physically present to execute the form authorizing cremation, the person may delegate that authority to another. Once a crematory has received written notice of a delegation under this section, including the name and address of the delegatee, the crematory may allow the delegatee to execute the form authorizing cremation. A crematory that relies upon an authorization executed in accordance with this section is immune from liability for any acts or omissions resulting from that reliance.

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If the person who has the right and duty to control the decedent's remains, as provided for in § 34-26-75 , is not physically present to execute the form authorizing cremation, the person may delegate that authority to another. Once a crematory has received written notice of a delegation under this section, including the name and address of the delegatee, the crematory may allow the delegatee to execute the form authorizing cremation. A crematory that relies upon an authorization executed in accordance with this section is immune from liability for any acts or omissions resulting from that reliance.