§ 2-17-101 — Authority to authorize burial or cremation; immunity for funeral directors and funeral service practitioners

(a) If a decedent leaves written instructions regarding
his entombment, burial or cremation, or a document that
designates and authorizes another person to direct disposition
of the decedent's body the funeral director or funeral service
practitioner to whom the body is entrusted shall proceed with
the disposition of the body in accordance with those
instructions or the instructions given by the person designated
to direct disposition of the decedent's body. A document that
designates another person to direct disposition of the
decedent's body drafted pursuant to service in the military and
in a form mandated by federal law at the time it was signed
shall be recognized as valid for purposes of this section. In
the event a decedent does not leave written instructions
regarding his entombment, burial or cremation, or fails to leave
a document designating another person to direct disposition of
the decedent's body, the funeral director or funeral service
practitioner to whom the body is entrusted shall obtain a signed
consent before the entombment, burial or cremation proceeds.
(b) Any of the following persons, in order of priority as
stated, may consent to the entombment, burial or cremation of
the decedent, provided no written instructions or a document
designating another person to direct disposition of the
decedent's body were left by the decedent:
(i) The decedent's spouse at the time of death;
(ii) An adult child of the decedent;
(iii) Either parent of the decedent;
(iv) An adult sibling of the decedent;
(v) A grandparent of the decedent;
(vi) A stepchild of the decedent;
(vii) A guardian of the decedent in accordance with
W.S. 3-2-201(a)(x).
(c) If a funeral director or funeral service practitioner
receives written consent from a person specified in subsection
(b) of this section, he may act in accordance with the consent,
unless a person with a higher or equal priority provides the
funeral director or funeral service practitioner a contrary
written consent within three (3) days. If the funeral director
or funeral service practitioner has been provided contrary
written consents from members of the same class with the highest
priority as to the entombment, burial or cremation of the
decedent, the director or funeral service practitioner shall act
in accordance with the directive of the greatest number of
consents received from members of the class. If that number is
equal, the director or funeral service practitioner shall act in
accordance with the earlier consent unless the person providing
the later consent is granted an order from the district court
for the county in which the funeral establishment is located.
The district court shall order disposition in accordance with
the later consent only if it is shown by a preponderance of the
evidence the disposition is in accordance with the decedent's
wishes.
(d) If the decedent is not survived by any member of the
classes listed or no member of those classes is competent to
sign a consent, any person who comes forward and legitimately
identifies himself as another level of relation or friend of the
decedent is authorized to sign the consent. If no consent is
received within seven (7) days of the decedent's death, the
coroner for the county in which the funeral establishment is
located is authorized to sign the consent.
(e) A funeral director or funeral service practitioner
acting in accordance with this section, or attempting in good
faith to act in accordance with this section, shall be immune
from civil liability.
(f) Nothing in this section abrogates or amends the
intestate succession laws of W.S. 2-4-101 through 2-4-214.