§ 58-9-612. Limitation of liability.

(1) An authorizing agent who signs a cremation authorization form warrants the truthfulness of the facts set forth on the form, including:

(a) the identity of the deceased whose remains are to be cremated; and

(b) the authorizing agent's authority to order the cremation.

(2) A funeral service establishment may rely upon the representations made by an authorizing agent under Subsection (1).

(3) The authorizing agent is personally and individually liable for all damage resulting from a misstatement or misrepresentation made under Subsection (1).

(4)

(a) A funeral service establishment may arrange for the cremation of and cremate human remains upon receipt of a cremation authorization form signed by an authorizing agent.

(b) A funeral service establishment that arranges a cremation, cremates human remains, or releases or disposes of cremated human remains pursuant to a cremation authorization form is not liable for an action it takes pursuant to that authorization.

(5) A funeral service establishment is not responsible or liable for any valuables delivered to the establishment with human remains to be cremated.

(6) A funeral service establishment may refuse to arrange for a cremation, to accept human remains for cremation, or to perform a cremation:

(a) if the establishment is aware of a dispute concerning the cremation of the human remains and it has not received a court order or other suitable confirmation that the dispute has been resolved;

(b) if the establishment has a reasonable basis for questioning any of the representations made by an authorizing agent; or

(c) for any other lawful reason.

(7)

(a) If a funeral service establishment is aware of a dispute concerning the release or disposition of cremated remains in its possession, the establishment may refuse to release the remains until:

(i) the dispute has been resolved; or

(ii) it has received a court order authorizing the release or disposition of the remains.

(b) A funeral service establishment is not liable for its refusal to release or dispose of cremated remains in accordance with this Subsection (7).

Enacted by Chapter 353, 2008 General Session