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determine the final disposition. A company’s policy may exceed the law (i.e., unanimity) but not fewer. B. In the case of body parts, a representative of the institution that has arranged with the crematory authority to cremate the body parts may serve as the authorizing agent, providing that the person whose body parts are being cremated or an authorized agent has previously approved the cremation of the body parts. C. No person may serve or shall be allowed to serve as an authorizing agent when a decedent has left written instructions in a will or other document provided by law that they do not wish to be cremated. Explanation Decedent’s rights and preferences should be honored where possible. Any laws governing Right to Control should align with existing laws about decedent’s rights. PART 4: AUTHORIZATION TO CREMATE A. Except as otherwise provided in this section, a Crematory Authority shall not cremate human remains until it has received: (1) A cremation authorization form signed by an authorizing agent. The cremation authorization form shall be provided by the crematory authority and shall contain, at a minimum, the following information: (a) The identity of the human remains. (b) The time and date of death. (c) A unique identification number assigned by the crematory for purposes of tracking the human remains while they are in the crematory during different phases of the cremation process. (d) The name of the funeral director and funeral establishment that obtained the cremation authorization. (e) Notification as to whether the death occurred from a disease declared by the Regulatory Authority to be infectious, contagious, communicable, or dangerous to the public health. (f) The name of the authorizing agent and the relationship between the authorizing agent and the decedent. (g) A representation that the authorizing agent does in fact have the right to authorize the cremation of the decedent, and that the authorizing agent is not aware of any of any living person who has a superior or equal priority right to that of the authorizing agent. In the event there is another living person who has a superior or equal priority right to the authorizing agent, the form shall contain a representation that the authorizing agent has made reasonable efforts to contact that person, has been unable to do so, and has no reason to believe that the person would object to the cremation of the decedent. (h) Authorization for the crematory authority to cremate the human remains. (i) A representation that the human remains do not contain a battery-powered implant or any radioactive or other material that may be potentially hazardous or cause damage to the cremation chamber or the person performing the cremation. (j) The name of the person authorized to receive the cremated remains from the crematory authority. (k) The manner in which final disposition of the cremated remains is to take place, if known. If the cremation authorization form does not specify a method of final disposition provided for in Section 8 of this Act, then the form may indicate that the cremated remains will be held by the crematory authority for 30 days before they are released, unless they are picked up from the crematory authority prior to that time, in person, by Page 8 of 13 the authorizing agent. At the end of the 30 days the crematory authority may return the cremated remains to the authorizing agent if no final disposition arrangements are made; or at the end of 60 days the crematory authority may dispose of the cremated remains in accordance with disposition provisions of the Law. (l) A listing of any items of value to be delivered to the crematory authority along with the human remains, and Instructions as to how the items should be handled. (m) A specific statement as to whether the authorizing agent has made arrangements for any type of viewing of the decedent before cremation, or for a service with the decedent present before cremation in connection with the cremation, and if so, the date and time of the viewing or service and whether the crematory authority is authorized to proceed with the cremation upon receipt of the human remains. (n) The signature of the authorizing agent, attesting to the accuracy of all representations contained on the cremation authorization form. (o) If a cremation authorization form is being executed on a pre-need basis, the cremation authorization form shall contain the disclosure required by the Pre-need provisions of this Law in Section 12. (p) The cremation authorization form, other than pre-need cremation forms, shall also be signed by a funeral director or other representative of the funeral establishment that obtained the cremation authorization. That individual shall merely execute the cremation authorization form as a witness and shall not be responsible for any of the representations made by the authorizing agent, unless the individual has actual knowledge to the contrary. The information requested by items (a), (b), (c), (d) and (h) of this Subsection, however, shall be considered to be representations of the authorizing agent and may be the representations of the funeral director or funeral establishment. In addition, the funeral director or funeral establishment shall warrant to the crematory that the human remains delivered to the crematory authority have been positively identified as the decedent
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